Rajesh Kumar Verma.—Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The moot question in the present writ petition is that as to whether Red Cross Society is State or its instrumentally within the meaning of Article 12 of the Constitution of India or not.

3. The present writ petition has been filed for setting aside the order dated 12.09.2023 passed by the respondent no. 6 in pursuance of the decision of the respondent no. 5 whereby the result/certificate issued on 20.08.2023 after complete process of election in the Annual General Meeting for appointment of Management Committee of the Indian Red Cross Society District Unit Siwan amongst total 43 candidates on the basis of voting made through ballot paper by the total number of members 1440 has been set aside and all 43 candidates have been declared as Management Committee members which is contrary to the provision made under Chapter VI of Indian Red Cross Society Rules, under Rule 4 (g), VI of the Indian Red Cross Society for which the Respondent no. 4 and 5 have no jurisdiction.

4. The Indian Red Cross Society has been constituted with the mission and objectives to prevent and alleviate suffering with complete impartiality, making no discrimination as to nationality, race, sex, religious beliefs, language, class or political opinions. For this purpose it’s task is in particular :—

a. To act in case of armed conflict, and in peace to prepare to act in all the fields covered by the Geneva Conventions within the scope of International Humanitarian Law and on behalf of all war victims, both civilian and military;

b. To contribute to the improvement of health, the prevention of disease and maternity and child care in the community;

c. To educate the population on how to prepare for and respond to disaster;

d. To organize emergency relief services for the victims of disasters and migration of their sufferings;

e. To promote the participation of children and youth in the work of Red cross;

f. To promote the Fundamental Principles of the Movement and the International Humanitarian Law in order to inculate humanitarian ideals among the population, and in particular among children and youth;

g. To recruit, train and develop volunteers/personnel as necessary for undertaking humanitarian responsibilities;

h. To serve the community within its jurisdiction, the state branch may initiate activities to address local needs and priorities as approved by the Managing Body of the branch; and

i. To ensure correct use of the Red Cross emblem, to maintain its protective value.

5. Learned counsel for the petitioner submits that as per Indian Red Cross Society Rules under Chapter VI of the Indian Red Cross Society Rules procedure for functions for the district branches has been provided under Rule 4 and under 4 (g) of the Rules, provisions has been given to hold Annual General Meeting (hereinafter referred as “AGM”) of all the members of the branch on a day and place fixed by the president of the branch. The AGM will elect a chairman of the branch and other members of the District Branch Committee which is mentioned at sub Clause VI. The minimum number of the Management Committee will be at least 10 members including Chairman, Vice-Chairman, Secretary and Treasurer. He further submits that the respondent no. 5 issued a letter no. 1447 dated 29.07.2023 and communicated to the petitioner/secretary about Annual General Meeting for election of Management Committee Members which has to be held on 20.08.2023 at 11:00 am in the Town Hall, Siwan. 43 candidates had filed their nomination paper for participating in the election process for the post of Members of the Management Committee. In the District Branch Siwan number of total members/voters of Indian Red Cross Society Siwan Branch is 1440. In the said meeting the members of the society decided to select 15 members for management committee amongst the total 43 candidates. Accordingly, the voters were allowed to