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2013 Supreme(MP) 1415

RAJENDRA MENON
A. K. Dubey – Appellant
Versus
Indian Medical Association – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sankalp Kochar, Advocate
For the Respondent No. 5:Mr. R.K. Sanghi, Advocate for the Respondent Nos. 1 to 4 Mr. Sanjay K. Agrawal, Advocate.

JUDGMENT

Petitioner a practicing Orthopaedic Surgeon from Gwalior has filed this writ petition purportedly under Article 227 of the Constitution and calls in question the elections held to the M.P. Branch of the Indian Medical Association. It is said that the election held is illegal as certain irregularities and illegalities have been committed, matter came to this Court at the instance of certain parties including the petitioner in W.P. No. 10181/13 and, thereafter, in W.A. No. 568/13. The Writ Court and the Writ Appellate Court took note of various aspects of the matter and finally as a remedy of raising the election dispute before the Election Tribunal by way of an election petition was available under Clause 35 (C) (3) and in terms of the Article of Association and the Memorandum, Rules and Bye-laws of the Indian Medical Association, M.P. State Branch, the petitions and the writ appeals were disposed of relegating the parties to take recourse to the remedy available of approaching the Tribunal.

2. It is stated that petitioner has raised the dispute before the Election Tribunal and now the grievance of the petitioner seems to be that the Election Tribunal is not proceeding in th











































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