Back
PURUSHAINDRA KUMAR KAURAV
Sajal Mitra – Appellant
Versus
Institution of Engineers (India) Delhi State Centre – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)
1. The petitioners have filed this petition under Article 226 of the Constitution of India seeking inter alia directions to restrain the respondents from declaring the election result of the Delhi State Council and the Delhi State Committee of the respondent no. 1 without conducting a re-assessment by the cyber crime team. The relief claimed is reproduced as under:
"a) Restrain the Respondents from declaring the election result of Delhi State Council and Delhi State Committee without conducting the reassessment by the cybercrime team and maintain status quo till the disposal of present petition;
b) declare the election result of Delhi State Council and Delhi State Committee as void and set aside the same;
c) direct the Respondents to conduct the inquiry and to initiate strict action against the wrongdoers;
d) issue a direction for complete assessment of the election process either by the Police Officials or by an independent software company;
e) award the cost of this Election Petition from Respondents; and
f) pass such further order or directions as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the i
The election dispute with respect to office-bearers of a society may not be amenable to the writ jurisdiction under Article 226 of the Constitution of India if it is not in discharge of a public duty....
The court clarified that the Bye-Laws of the Society are not statutory in nature and the dispute with respect to the election of a society per se is not directly decided by the High Court under Artic....
The judgment established the principle that a private organization, even if discharging a public duty, may not fall within the scope of 'State' or 'other authorities' under Article 12 of the Constitu....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
A candidate in an Association election can challenge the legality even post-defeat if there are significant violations of the election process.
Point of Law : Preliminary object as raised by the respondent required to be upheld inasmuch as the petitions challenging the decision of the Election Officer of the petitioner trust would not be ame....
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
