MEENAKSHI KANWAR Vs. VINAY AGGARWAL

JUDGEMENT

(1.) THE petitioner claims to have been elected unopposed to the post of Organizing Secretary of Indian Medical Association (IMA), Haryana (not made a party to the present writ petition) for a term till 31st December, 2011. It is further the claim of the petitioner that on an election petition being filed by certain other persons (who have also not been made party over here), the respondent No.4 Indian Medical Association, Head Quarters, New Delhi on 3 rd January, 2011 constituted an Election Tribunal. It is the case of the petitioner that the said election petition has been filed beyond the prescribed time of 15 days as prescribed in Memorandum, Rules and Bye-Laws of IMA (HQ) and in fact the Election Tribunal ought not to have been constituted. It is further the case of the petitioner that the said Election Tribunal vide its Minutes of Meeting dated 13 th February, 2011 (signed on 4th April, 2011) unanimously declared the election of the petitioner as well as election to the other posts to be violative of the norms of democracy, equality and fairness and directed fresh elections to be held. This writ petition has been filed for quashing the said decision of the Election Tribunal.

(2.) EVEN if it were to be believed that the Minutes of the Meeting of 13 th February, 2011 were signed on 4th April, 2011, this petition has been filed after four months therefrom.

(3.) THE counsel for the petitioner has however with reference to the Memorandum, Rules and Bye-Laws of IMA (HQ) and IMA (Haryana) has sought to contend that setting aside of the election is improper. It is further contended that the election which was set aside and election now underway are only to the post of President and Vice President and not of the post of Organizing Secretary to which the petitioner was elected unopposed.