259 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26069-2024 Date of Decision:08.07.2025 PUNIT SETHI AND OTHERS -PETITIONERS V/S UNION OF INDIA AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Rishabh Gupta , Advocate, for the petitioners.

Mr. P.S.Hundal, Sr. Panel Counsel for respondent no.1.

Mr. Vibhu Agnihotri, Advocate and Mr. Rohit Arora, Advocate, for respondent no.2 (through V.C.)

Mr. Naveen R. Naik, Sr. Advocate with Mr. Nitin Thatai, Advocate and Ms. Monika Thatai, Advocate for respondent no.3.

***

KULDEEP TIWARI, J.(ORAL)

1. Through the instant petition, filed under Article 226 of the Constitution of India, a challenge is thrown to the notification dated 24.08.2024 (Annexure P-28), issued by the Ministry of Education (Department of Higher Education) under Section 6 of the Architects Act, 1972 (hereinafter referred to as the 'Act of of 1972'), appointing 5 Architects, as regional representatives to the Council of Architecture (for short 'COA'), who have been elected by the Indian Institute of Architects (for short 'IIA'), from amongst its members.

2. They also seek quashing of election result dated 30.12.2023 (Annexure P-3), wherethrough, the above 5 Architects were elected.

3. Further, a prayer is made for issuance of a direction upon the respondents, to refer the dispute/grievance relating the elections in question for electing aforesaid 5 Architects/representatives to COA, to the statutory tribunal, as mandated under Section 5 of the Act of 1972.

4. Finally, a mandamus upon the respondents has been sought to conduct elections afresh through some authorised agency of Government of India. FACTUAL MATRIX

5. The petitioners are Architects, within the meaning of Section 2(a) of the Act of 1972, and are duly registered in the register of Architects.

6. Before this Court gauge the legality of the impugned notification, and election results, it is imperative to have a glimpse upon the relevant facts qua which there is no wrangle between the parties concerned, and are essential for adjudication of the instant lis.

7. The Indian Institute of Architects (IIA), invited nominations vide notification dated 29.11.2023, for the elections of 5 IIA regional representatives to the Council of Architects (COA), for 3 years term (2023-2026). The elections for 5 regional representatives of IIA on COA, was to be conducted, to elect one representative from each of the five geographical regions. Petitioner no.1, and respondent no.5, being eligible, submitted their nominations for the representative from northern region, to the COA, and contested the elections. The said elections were conducted through the mode of E-Ballot, as available in member's profile page, on the IIA Website, and as per schedule and the process notified by IIA. The E-voting opened on dated 28.12.2023 at 6:00 a.m., and was closed on dated 29.12.2023 at 11:00 p.m. Thereupon, the counting of E- votes was held on 30.12.2023 and the result thereof, was declared on the same day itself, wherein, from northern region Sh. Kamal Kant Asthana (respondent no.5) was declared elected with 962 votes, and petitioner no.1 remain unsuccessful, as he was able to secure only 228 votes.

SUBMISSIONS MADE BY LEARNED COUNSEL FOR THE PETITIONERS

8. Learned counsel for the petitioners made lengthy submissions, wherethrough, he attempted to throw challenge to the impugned election result (Annexure P-3), and its notification (Annexure P-28). He submits that the E-voting session was supposed to be started at 10:30, but the same was delayed due to some technical glitch. Subsequently, when the results were being declared, the voters had access to view the results in real time, but somehow, the folders containing results did not open, even after repeated attempts, indicating an obvious problem with the system. Therefore, the vote-counting session had to be temporarily stopped, and was thereafter resumed, which effectively means that the entire process depends upon E-voti