K.MALAISAMY Vs. T.N.CHATURVEDI

JUDGEMENT

(1.) RULE 10 and Rule 14 of the Memorandum of Association and Rules of Indian Institute of Public, to the extent they are relevant, read as under:

(2.) IN terms of Rule 14, as extracted above, the members of the Institute elected from amongst themselves, 20 members to the Executive Council in the election held on 21.09.2012. A meeting of the Executive Council was convened by its Director and Member Secretary for 12.10.2012. Item No. 1 and 4 of the agenda initially circulated for the said meeting read as under:

(3.) THE case of the petitioners before this Court is that in terms of the above referred rules, the elected members of the Executive Committee were first required to elect two Vice Presidents for the year 2012 14 as required by Rule 10 and thereafter, the elected members of the Executive Council were to co opt 08 members in terms of Rule 14, but, in terms of the revised agenda, elected members of the Executive Council instead of first electing two Vice Presidents, first co opted 08 members of the Executive Council and thereafter the Executive elected two Vice Presidents, thereby giving an opportunity to the 08 co opted members to participate in the elections of two Vice Presidents. According to the petitioners as a result, they could not be elected as Vice Presidents since the nominated members did not cast their votes in their favour. Their contention is that had the elected members first elected two Vice Presidents before co opting the 8 members of the Executive Council, they would have got elected as Vice Presidents.