Dismissed

O.Panneerselvam, v. the General Manager

Madras HC24 Aug 2015WP(MD)/2234/2015

Case brief

AI extract

What is this about?

Court dismissed writ petition challenging election violation of a Scheduled Caste Railway Employees Association. Bench held Court cannot conduct roving inquiry into disputed facts of internal election disputes when association is not impleaded, directing aggrieved party to approach Civil Court.

What did the court decide?

Writ petition dismissed; liberty to approach Civil Court granted; connected petitions closed.

O.Panneerselvam, Vs the General Manager — Constitutional and Fundamental Rights | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2015 CORAM: THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.2234 of 2015 & M.P.(MD)Nos.1 to 3 of 2015 and Cont.P.(MD)No.467 of 2015

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W.P.(MD)No.2234 of 2015: O.Panneerselvam

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... Petitioner Vs.

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1.The General Manager, Southern Railway, Trichy Division, Trichy.

2.R.Vasu

3.N.Muruganandam

... Respondents

PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification dated 25.01.2015 issued by the respondents 2 and 3 for South Zonal Executive Committee Elections 20152018 of All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone, quash the same and direct the respondents to conduct the election by following the mandatory provisions prescribed in the byelaw of the Association.

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For Petitioner : Mr.S.Sethuraman For Respondents : Mr.S.Manoharan, for R1 Mr.S.Vijayakumar for R2 and 3

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Cont.P.(MD)No.467 of 2015: O.Panneerselvam

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... Petitioner

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Vs.

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1.R.Vasu 2.N.Muruganandam

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... Respondents

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PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, for the willful disobedience of the order dated 20.02.2015 passed by this Court in M.P.(MD)No.2 of 2015 in W.P.(MD)No.2234 of 2015.

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Prayer in MP(MD)No.2 of 2015 in WP(MD) No.2234/2015:

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Petition praying that in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased to stay all further proceedings of the impugned notification dated 25.01.2015 issued by the respondents 2 and 3 for South Zonal Executive Committee Elections 2015-2018 of All India Scheduled caste and Scheduled Tribes Railway Employees Association, South Zone, Pending disposal of the above Writ https://hcservices.ecourts.gov.in/hcservices/ Petition.

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For Petitioner : Mr.S.Sethuraman For Respondents : Mr.S.Vijayakumar

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COMMON ORDER

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The Writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification dated 25.01.2015 passed by the respondents 2 and 3 for South Zonal Executive Committee Elections 2015-2018 of All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone, quash the same and direct the respondents to conduct the election by following the mandatory provisions prescribed in the byelaw of the Association.

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2.The case of the petitioner is that he is elected as a Secretary of All India Scheduled Castes and Scheduled Tribes Railway Employees Association, South Zone. Totally 50000 SC / ST employees are members of the Association. They are having Branch Executive Committee which consists of 5 elected members and 7 members, who are nominated by Divisional Executive Committee. The Divisional Executive Committee consists of 5 elected members and the members are elected by Branch Executive Committee. Apart from 5 elected members, 11 members are nominated by Zonal Executive Committee. The Zonal Executive Committee shall consist of 5 elected members and 17 members, who are nominated by Central Executive Committee, New Delhi.

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3.The grievance of the petitioner is that the election for the Zonal Executive Committee has been announced and some of the members are trying to conduct Zonal Executive Committee Election in a secret manner, violating the provisions prescribed by the All India Scheduled Caste and Scheduled Tribes Railway Employees Association Byelaw. The election notification is dated 25.01.2015 and the date of election mentioned as 22.02.2015. As per election procedure a due notice should be given well in advance ie., 30 days before the date of election to all the members by the outgoing Secretary / President. Further a list of voters shall be notified along with the notification duly signed by the outgoing President / Secretary. The last date of filing nomination shall be before 21 days from the date of election and final list of contestants shall be displayed before 4 days from the date of election after checking and withdrawal of nomination etc. The grievance of the petitioner is that none of the said mandatory requirements have been followed and the election has been conducted on 22.02.2015. Hence, the petitioner is before this Court challenging the said election conducted on 22.02.2015 by filing this Writ petition for the aforesaid relief.

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4.The 2^nd respondent has filed a vacate stay petition, in which it has been stated that the petitioner is not a member of All India SC / ST Railway Employees Association and the petitioner has not chosen to implead All India SC / ST Railway Employees Association, New Delhi as well as the Zonal General Secretary as parties to this Writ petition to decide the internal affairs. The 2^nd respondent has further stated that the election was conducted only as per the byelaws and absolutely, there is no violation in conducting the election. It is further stated by the 2^nd respondent that the election to South Zonal Committee was held on https://hcservices.ecourts.gov.in/hcservices/ 22.02.2015 and the results were declared on the same day in the presence of the observer, who has been nominated by Central Executive Committee and thereafter, the South Zone Association has submitted a list of

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successful candidates to the General Manager, Southern Railways. The 2^nd respondent also stated that as per the decision of a Division Bench of this Court in W.A.No.915 of 2006, Clause (iii) in Part II of the byelaws of the Association clearly stipulates that all suits on behalf of or against the Association shall be brought in the name of the General Secretary and since the Head Office of the Association is situated at Delhi and Association is registered with the Registrar of Societies at Delhi, all suits against or in favour of the Association can only be filed at Courts of Delhi area and hence, the remedy of the petitioner is to approach the Civil Court at Delhi for appropriate reliefs.

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5.Heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the 1^st respondent and also the learned counsel appearing for the respondents 2 and 3.

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6.Having perused the byelaws of the Association, as per Rule / Clause 31 of the byelaws any disputes in any branch / division / workshop / zone / production unit, must be patched up with the help of any good officer. However, the decision of the CEC shall be final and binding on all the units and members. Further, in a Writ petition filed under Article 226, this Court cannot conduct a roving enquiry with regard to the disputed question of fact. Hence, I do not find any merit in the Writ petition. Accordingly, the Writ petition is dismissed. If the petitioner is having any grievance, he is at liberty to approach the Civil Court as per the byelaw of the Association.

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7.No costs. Consequently, connected M.Ps. and Contempt petition are closed.

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Sd/-

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Assistant Registrar(AS)

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/True copy/

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Sub Assistant Registrar

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1.The General Manager, Southern Railway, Trichy Division, Trichy.

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2.R.Vasu, JE/S&T/TBM, Vice President, South Zone, Chief Election Officer, All India Scheduled Castes and Scheduled Tribes Railway Employees Association, No.85, Carriage Works Road, Ayanavaram, Chennai-600 023.

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3.N.Muruganandam, SSE/RT/CWM/CW/O/PER, Vice President, South Zone, All Inidia Scheduled Castes and Schedules Tribes Railway Employees Association, No.85, Carriage Works Road, Ayanavaram, Chennai.600 023.

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+1CC to Mr.S.Sethuraman, Advocate, SR.No.48768

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+1CC to Mr.S.Manohar, Advocate, SR.No.49323

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+1CC to Mr.S.Vijayakumar, Advocate, SR.No.48845

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W.P.(MD)No.2234 of 2015 24.08.2015

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https://hcservices.ecourts.gov.in/hcservices/ 3P/7C

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3P/7C

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AM/AAL.MPA/SAR-I/09.09.2015.

O.Panneerselvam, v. the General Manager

Case brief

What is this about?

What did the court decide?

O.Panneerselvam, v. the General Manager

Case brief

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