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2018 Supreme(Del) 1698
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
SANDEEP SHARMA - Appellant
Versus
THE CHAIRMAN & ORS - Respondents
W.P.(C) 5594, 7318 of 2018, CM No. 21804, 27920 of 2018
Decided on : 23-07-2018
Advocate Appeared:
For the Appellant : Mr. Varun Goswami, Mr. Shashi Mohan, Advs.
For the Respondent: Mr. T. Singhdev, Ms. Manpreet Kaur, Ms. Amandeep Kaur, Mr. Tarun Verma, Ms. Puja Sarkar, Mr. Abhijit, Mr. Chetan Sharma, Mr. Santosh Mishra, , Mr. Neeraj, Hony. Secretary of NDBA, Mr. S.N. Verma, Mr. Vijay Joshi, Mr. Amit Gupta, Mr. Sushil Kumar Pandey, Mr. Ajay Digpaul, Mr. B. Singh, Mr. Rajesh Kumar, Mr. Dilip Kumar, Mr. Mayank Sharma and Ms. Madhuri Dhingra, Advs
The main legal point established in the judgment is that the activities of the NDBA have a predominantly public character, making challenges to its processes maintainable under Article 226 of the Constitution of India.
Headnote:
Maintainability - Writ Petitions - Article 226 of the Constitution of India - P.K. Dash (Supra) - NDBA's activities have public character - maintainable under Article 226 of the Constitution of India - Challenge to appointment of Returning Officer/Additional Returning Officers - maintainable under Article 226 of the Constitution of India
Fact of the Case:
The petitions challenged the appointment of the Returning Officer and Additional Returning Officers for the NDBA Election, 2018. The petitioners contended that the Election Committee's actions were contrary to the directions of the Court in P.K. Dash (Supra) and raised concerns about the voter list preparation and appointment process.
Finding of the Court:
The Court rejected the challenge to the appointment of the Returning Officer and Additional Returning Officers, stating that the activities of the NDBA have a predominantly public character and are amenable to the jurisdiction of the Court under Article 226 of the Constitution of India. The Court also dismissed the petitions, finding no merit in the challenges raised.
Issues: The issues revolved around the maintainability of the writ petitions under Article 226 of the Constitution of India, the appointment of the Returning Officer and Additional Returning Officers, and the preparation of the voter list for the NDBA Election, 2018.
Ratio Decidendi: The Court held that the activities of the NDBA have a predominantly public character, making the petitions maintainable under Article 226 of the Constitution of India. The Court also emphasized that the challenges to the appointment of the Returning Officer and Additional Returning Officers lacked merit.
Final Decision: The Court dismissed the petitions, finding no grounds for interference with the appointment process and the preparation of the voter list for the NDBA Election, 2018.
V. KAMESWAR RAO, J.
1. By this order I shall decide the pleas of maintainability/admissibility of the writ petitions as taken by Mr. Chetan Sharma, learned Senior Counsel appearing for the Secretary, NDBA.
W.P.(C) 5594/2018
2. This is a petition which has been initially filed by the petitioner with the following prayers:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may very graciously be please to:
(a) direct the respondent No.1 i.e Bar Council of Delhi to take charge of the affairs of respondent No.4 and to carry out the elections process of NDBA, 2018 under its supervision and control;
(b) direct the respondent No.5 not to act in any manner in the capacity of Returning officer of NDBA election, 2018 and to hand over all the documents, communications, papers etc to the respondent no.1;
(c) direct the respondent No.1 to nominate its two members who are or had been members of NDBA to constitute a fresh election committee of NDBA under the Chairmanship of respondent No.2
(d) direct the respondent No.2 and 3 not to finalize the list of voters for NDBA elections, 2018 till constitution of fresh Election Committee as prayed in prayer (c) hereinabove;
(e) direct the fresh election committee to issue necessary directions in terms of para 12 of judgment dated 18.10.2016 in W.P.(C) 8106/2010;
(f) pass such further order and/or direction which this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice.”
3. Suffice to state, that on May 24, 2018 Mr. Varun Goswami, learned counsel appearing for the petitioner has confined the writ petition to prayer (b). The prayer (b), in substance is a challenge to the appointment of respondent No.5 as a Returning Officer of the NDBA Election, 2018.
W.P.(C) 7318/2018
4. This writ petition has been filed with the following prayers:-
““It is, therefore, most respectfully prayed that this Hon’ble Court may very graciously be please to:
(a) direct the respondent No.1 i.e Bar Council of Delhi to take charge of the affairs of respondent No.4 and to carry out the elections process of NDBA, 2018 under its supervision and control;
(b) declare the minutes of the General Body meeting of Members of NDBA dated 15.05.2018 reflecting respondents shown at serial no. 5 to 15 being appointed as Returning Officer/Additional Returning Officer as void and illegal;
(c) restrain the respondents mentioned at serial no. 5 to 15 not to act in any manner in the capacity of Returning officer/Additional Returning Officers of NDBA election, 2018 and to hand over all the documents, communications, papers etc to the respondent no.1;
(d) direct the respondent No.1 to nominate its two members who are or had been members of NDBA to constitute a fresh election committee of NDBA under the Chairmanship of respondent No.3/4;
(e) direct the respondent No.4 to finalize the list of voters for NDBA elections, 2018 after reconstitution of fresh election committee in terms of prayer D above, after proper scrutiny of declaration forms and publish the same with complete detail of members such as address, mobile no., photographs, email id etc. as has been done by Election Committee constituted for other Bar Associations;
(f) pass such further order and/or direction which this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice.”
5. In substance, the challenge in this writ petition is to the minutes of the General Body Meeting of Members of NDBA dated May 15, 2018 wherein the respondent Nos.5 to 15 have been shown to have been appointed as Returning Officer/Additional Returning Officers; for re-constitution of the Election Committee; for preparation of voter list after proper scrutiny of declaration forms by giving complete details of Members such as address, mobile number, photographs, email ID etc. This petition has been f
