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2023 Supreme(Del) 355

PURUSHAINDRA KUMAR KAURAV
P. Padmanabha Rao, S/o. Late P. Shrihari – Appellant
Versus
Union Of India Through Ministry Of Science And Technology, Department Of Scientific & Industrial Research Technology Bhavan, New Mehrauli Road, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nitesh Kumar Singh and Mr. Devender Singh.
For the Respondents: Mr. Balendu Shekhar, CGSC alongwith Mr. Krishna Chaitanya, Mr. Sriansh Prakash and Mr. Yash Tandon, Dr. A.K. Bakshi, Mr. Balraj Anand & Mr. R.D. Itorira, Mr. Rishikesh Kumar alongwith Mr. Sheenu Priya & Mr. Sumit Chaudhary, Mr. D.S. Chauhan, Ms. Ruchi Singh & Ms. Simran Gill.

JUDGMENT :

1. The petitioner in this petition under Article 226 of the Constitution of India is challenging the election process of the Governing Council (hereinafter referred as ‘GC’) of the respondent No.3-Institution of Electronics and Telecommunication Engineers (hereinafter referred as respondent-IETE) for the term 2022-25 with further directions to conduct fresh elections.

2. The brief facts of the case as stated by the petitioner are that the process of election was to be initiated through a Board of Scrutineers (BoS) comprising of four or more members, one Returning Officer (RO) amongst them for conducting of the GC election of respondent No. 3. The same was done in January, 2022. On 24.05.2022, Dr. A.K. Saini was appointed to take up the responsibility of RO for the term 2022-25. On 01.07.2022, Brahmanand Reddy made a complaint to Dr. A.K. Saini against fake casting of vote in favor of Nilesh Kasat and P.M. Jawandiya by hacking his ID and thereafter, on 02.07.2022, FIR No. 1217/202 was registered at Police Station Cyber Crime, Hyderabad by Brahmanand Reddy. On 06.07.2022, respondent Nos.6 to 12 were declared winners. However, petitioner sent e-mails to respondent Nos. 3, 4

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