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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
N F Rly OBC Employees Association And Anr – Appellants
Versus
The Union Of India And 3 Ors – Respondents
WP(C) 827 of 2021, WP(C) 3601 of 2022
Decided on : 28-11-2023
Societies Registration Act - Dispute over Executive Committee of Railway Employees Association - Societies Registration Act, 1860 - Summary: The court addressed a dispute over the Executive Committee of the Railway Employees Association, which was a recognized affiliated unit of the All India Other Backward Classes Railway Employees Federation. The court found that the dispute over the actual Executive Committee of the Association was a disputed question of fact requiring detailed evidence and could not be adjudicated under Article 226 of the Constitution. The court disposed of the writ petitions, directing the General Manager, N.F. Railways to take a call on the communication forwarded by the petitioner and, if necessary, to direct the petitioners to approach the appropriate forum.
Fact of the Case:
The petitioners, a Society registered under the Societies Registration Act, 1860, were aggrieved by a communication depriving them of facilities extended in view of the approval of the Executive Committee of the All India Other Backward Classes Railway Employees Federation. The dispute arose over the actual Executive Committee of the Railway Employees Association.
Finding of the Court:
The court found that the dispute over the Executive Committee was a disputed question of fact requiring detailed evidence and could not be adjudicated under Article 226 of the Constitution. The court disposed of the writ petitions, directing the General Manager, N.F. Railways to take a call on the communication forwarded by the petitioner and, if necessary, to direct the petitioners to approach the appropriate forum.
Issues: Dispute over the actual Executive Committee of the Railway Employees Association and the applicability of Article 226 of the Constitution.
Ratio Decidendi: The dispute over the Executive Committee was a disputed question of fact requiring detailed evidence and could not be adjudicated under Article 226 of the Constitution.
Final Decision: The court disposed of the writ petitions, directing the General Manager, N.F. Railways to take a call on the communication forwarded by the petitioner and, if necessary, to direct the petitioners to approach the appropriate forum.
JUDGMENT :
Both the writ petitions are taken up for disposal by this common judgment and order.
2. From a perusal of the materials on record, it reveals that the petitioners’ Association is a Society registered under the provisions of the Societies Registration Act, 1860. The petitioners’ Association has its own set of byelaws. It is also an admitted fact that the petitioners’ Association is affiliated to a Society in the name and style of All India Other Backward Classes Railway Employees Federation. The said All India Other Backward Classes Railway Employees Federation which is also a Society registered under the provisions of the Societies Registration Act, 1860 has its own set of byelaws. It is also an admitted fact that the All India Other Backward Classes Railway Employees Federation is recognized by the Railways Administration and on the basis of such recognition, the affiliated units of All India Other Backward Classes Railway Employees Federation are also granted recognition and benefits.
3. The petitioner No.1 herein which is an affiliated unit of the All India Other Backward Classes Railway Employees Federation have filed the instant writ petition being aggrieved by the communication dated 22.12.2020 issued by the Joint Director Estt. (Res.), Railway Board wherein it was stated that the lists of elected office bearers of Zonal Associations approved/recommended by any other CEC member (apart from those circulated by Board vide their letter dated 06.10.2020) for circulation by the Zonal Railways would be null and void. On the basis of the said communication, the petitioners’ Association with Shri V. P. Rama Rao as the General Secretary was deprived of the facilities extended in view of the approval of Shri S. Ramachandra Rao and Shri G. Prasad in the capacity of the General Secretary and President of the All India Other Backward Classes Railway Employees Federation for the year 2016-20. It is on the said basis that WP(C) No.827/2021 was filed.
4. The record reveals that this Court vide an order dated 23.02.2021 issued notice and directed that status-quo be maintained in respect of the possession of the official facilities till the next date. It reveals from the records and more particularly the byelaws of the petitioners’ Association that the term of office of the office bearer is for 2 years. Under such circumstances, it is the further case of the petitioners’ Association that the election of its members was held in the months of August, 2021 and a communication was issued on 04.08.2021 by the newly elected officials of the petitioners’ Association to the Joint Director/Principal Chief Personal Officer, N.F. Railways, Maligaon for extending of facilities to the newly elected Zonal Executive Committee of the petitioners’ Association.
However, as no steps were taken on 22.10.2021, another communication was issued to the General Manager and PCPO of the NF Railways requesting that the elected list be circulated by the Railways. It is the further case of the petitioners that in spite of those communications, the list was not circulated for which the second writ petition was filed being WP(C) No.3601/2022.
5. It is further relevant to take note of that a further subsequent event which has taken place subsequent to the filing of the writ petition in as much as the term of the office of the petitioners’ Association after the election held in the month of August, 2021 also expired and a new elected office bearers of the Zonal Executive Committee of the petitioners was held on 30.07.2023 for the period from 2023-2025 and in that regard, a communication was issued on 14.08.2023 intimating the General Manager, NF Railways, Maligaon to extend the facilities to the newly elected Zonal Executive Committee Members.
6. This Court further finds it relevant to take note of the affidavit filed by the respondent Nos.1, 2 & 3 in WP(C) No.3601/2022 wherein it has been mentioned that vide the letter dated 06.08.2019, necessary facilities were prov
Disputed questions of fact require detailed evidence and cannot be adjudicated under Article 226 of the Constitution.
The court affirmed the necessity of adhering to established bye-laws in conducting elections and the invalidity of actions undermining duly elected bodies.
A private body must be found to be discharging a public function closely related to functions performed by the State in its sovereign capacity to be amenable to the writ jurisdiction of the Court und....
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
Writ petitions challenging internal election disputes in associations are not maintainable under Article 226 of the Constitution.
A writ petition under Article 226 requires a legal right and corresponding obligation, which were absent in this case, leading to dismissal.
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