Hon’ble S.U. Khan, J.—Through this writ petition initially order dated 28.6.2006 (contained in Annexure-3 to the writ petition) through which respondent No. 1 recognised the constitution of Central Committee of North Eastern Railway Mazdoor Union (NERMU) was sought to be quashed. In Annexure-3 it is mentioned that in the 46th Annual Session held in between 22.6.2006 to 24.6.2006 the persons mentioned below were elected as Central office bearers of NERMU in which Shri K.L. Gupta at Sl. No. 6 was shown to have been elected as General Secretary. North Eastern Railway Mazdoor Union is respondent No. 4 and has been sued through Shri K.L. Gupta. Further prayer is that respondent Nos. 1 and 2 i.e. Registrar and Deputy Registrar, Trade Union be directed to hold election of entire general body, Central Council and the different 38 branches of NERMU respondent No. 3. Through amendment some paragraphs have been sought to be added in the writ petition including paragraph No. 31-A. Through the said paragraph it has been stated that respondent No. 4 illegally cancelled/terminated the primary membership of the petitioner on 12.2.2007 i.e. during pendency of the writ petition. Prayer for cancellation of the said order has also been sought. Amendment application dated 23.5.2007 is allowed.

2. Respondent No. 4 NERMU is a registered trade union registered under the Trade Union Act, 1926 and it has got its rules and bye-laws. Respondent No. 3 has got three tier body, one is General Body, the other is Central Council and the third is Branch Committee.

3. In the writ petition it has been mentioned that in accordance with Section 6(bb) of the Trade Union Act term of office bearers and Members of the Central Council and the branches should not be for more than three years but Shri K.L. Gupta is annually being elected as General Secretary in the annual general Session of NERMU and no elections are being held since 2002 except in Izzat Nagar, Bareilly Branch. It has also been stated that in the bye-laws or the rules term has not been provided which is illegal and the said rules/bye-laws also do not provide manner and procedure for holding the elections of the Central Council and different branches. It has also been stated that the membership of respondent No. 3 i.e. North Eastern Railways, Gorakhpur is about 40,000 and general body should be of about 533 members.

4. From Annexure-3 to the writ petition it is evident that no election was held and only in annual session (adhiveshan) total 15 persons including office bearers and members were selected/decided.

5. In the counter-affidavit it has repeatedly been stated that in the petition respondent Nos. 3 and 4 have been confused with each other at several places. However, it is not of much importance. As against the allegation of the petitioner that there are 534 members of respondent No. 4, it has been stated in para-29 of the counter-affidavit that there are only 392 members. However, in the entire counter-affidavit it has not been stated that any formality identified with election was followed. For election first of all there must be list of votes. Thereafter election programme must be issued by the authority competent to hold election which shall include the date of filing nomination, date of scrutiny, date of withdrawal and date of election. It has not been stated in the counter-affidavit that any such programme was issued by any authority. It has also not been stated that it was indicated to the members in general that election would be held in the annual session to be held in between 22nd to 24th June 2006 at Fatehgarh. Accordingly, it cannot be said that any election worth its name was ever held. It has also not been stated that in what manner the 15 persons mentioned in Annexure-3 to the writ petition were selected/declared in the aforesaid annual session to be office bearers and members of respondent No. 4. It has also been stated in the counter-affidavit that the petitioner has wrongly desc