P. PADMANABHA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this petition under Article 226 of the Constitution of India is challenging the election process of the Governing Council (hereinafter referred as "GC") of the respondent No.3-Institution of Electronics and Telecommunication Engineers (hereinafter referred as respondent-IETE) for the term 2022-25 with further directions to conduct fresh elections.

(2.) The brief facts of the case as stated by the petitioner are that the process of election was to be initiated through a Board of Scrutineers (BoS) comprising of four or more members, one Returning Officer (RO) amongst them for conducting of the GC election of respondent No. 3. The same was done in January, 2022. On 24/5/2022, Dr. A.K. Saini was appointed to take up the responsibility of RO for the term 2022-25. On 1/7/2022, Brahmanand Reddy made a complaint to Dr. A.K. Saini against fake casting of vote in favor of Nilesh Kasat and P.M. Jawandiya by hacking his ID and thereafter, on 2/7/2022, FIR No. 1217/202 was registered at Police Station Cyber Crime, Hyderabad by Brahmanand Reddy. On 6/7/2022, respondent Nos.6 to 12 were declared winners. However, petitioner sent e-mails to respondent Nos. 3, 4 and 5 regarding malpractices and, thereafter on 18/8/2022, the petitioner sent a legal notice and another criminal complaint was filed at Police Station Lodhi Road on 19/8/2022. On 29/8/2022, the petitioner received a reply to the legal notice from respondent Nos. 3 and 4, whereby, they denied the allegations. Aggrieved by the same, the petitioner has filed the present petition.

(3.) Learned Counsel appearing for respondent Nos. 6, 9 to 12 raises an objection with respect to the maintainability of the instant writ petition on the ground that respondent No. 3-IETE is a society registered under the Societies Registration Act, 1860. While filing an application for vacation of the order of status quo, he stated that respondent No.3-IETE is neither a "State" nor "other authorities' for the purpose of Article 12 of the Constitution of India, 1950 (hereinafter referred as Constitution). According to him, the IETE is a private body having its own Articles of Association and Byelaws (hereinafter referred as AoA) which can be amended without any approval from any government agency.