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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Uday Kumar
Colonel M Sanjeev, Secretary of the Calcutta Swimming Club – Appellant
Versus
Sardar Shahin Imam – Respondent
| Table of Content |
|---|
| 1. injunction sought against agm/e-voting. (Para 1 , 2 , 3 , 4) |
| 2. concerns about e-voting and proxy voting. (Para 7 , 8 , 18 , 19) |
| 3. rules of social clubs as binding contracts. (Para 28 , 38 , 62) |
| 4. court’s stance on e-voting procedures. (Para 31 , 33 , 41 , 42) |
| 5. ruling on appeal as infructuous. (Para 65 , 68 , 69) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred at the behest of a defendant in a declaratory suit wherein an amendment to the Rules of the concerned Association/Club has been challenged and consequential relief of permanent injunction restraining the defendant from conducting AGM/e-voting of elections to be held on July 5, 2025 has been sought.
2. In the said suit, a temporary injunction application was filed, in connection with which the impugned order of ad interim injunction dated July 4, 2025 has been passed.
3. In the temporary injunction application, the plaintiff/respondent no.1 had prayed that the defendants, their men and agents and/or servants and/or each one of them are restrained from performing and/or conducting AGM and/or the email voting system of elections to be held on July 5, 2025.
4. By the impugned order, t
The amendment allowing electronic voting in association elections must be conducted transparently, ensuring the integrity of the voting process while addressing concerns over proxy voting.
The court established that the election process for a statutory association must include all eligible voters, and exclusion of votes violates legal provisions.
The court emphasized the need to conclude the election process expeditiously and stated that legal challenges to the election must await the conclusion of the election.
(1) Electronic Voting Machines [EVMs] – Unless substantial evidence is presented against EVMs, current system will have to persist with enhancements – Regressive measures to revert to paper ballots o....
Judicial intervention in electoral disputes must be exercised cautiously and not disrupt the election process once it has commenced; challenges must await the completion of electoral proceedings.
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
Online voting through the CDSL platform for the election of the Managers of the Association is valid under the West Bengal Apartment Ownership Bye-laws, 2022, provided that the secrecy of the ballot ....
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