IRSHAD ALI
Gurmit Singh – Appellant
Versus
Vice Chancellor King George S Medical University Lko. – Respondent
| Table of Content |
|---|
| 1. court's analysis of the electoral process irregularities. (Para 1 , 5 , 7 , 9) |
| 2. factual background of petitioner and election. (Para 2 , 3) |
| 3. arguments on maintainability and jurisdiction. (Para 4 , 6 , 8 , 10) |
| 4. conclusion voiding the election cancellation order. (Para 11 , 12) |
JUDGMENT
Irshad Ali, J.
Heard Shri Prashant Chandra, learned Senior Advocate assisted by Ms. Radhika Singh, learned counsel for the petitioner and Shri Shubham Tripathi, learned counsel for the respondents.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs:
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Whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, poss....
An illegal preparation of an electoral roll goes to the very root of the matter and no election can be held. A voter could therefore challenge the election and merely because he took part in the elec....
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
Writ appeals by non-parties lack locus standi; rejection of student nominations for elections did not follow due process as per election bye-laws.
The failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.
Elections must adhere to statutory provisions and principles of natural justice, ensuring all parties are afforded a fair opportunity to present their case, particularly in administrative decisions w....
Point of Law : Writ petition under Article 226 of the Constitution should not be entertained when the statutory remedy is available under the Act, unless exceptional circumstances are made out.
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