MUKESH KUMAR Vs. ADMINISTRATOR

JUDGEMENT

(1.) In this petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("Act", in short), the petitioner has sought a restraint order against the respondent from enforcing second part of clause (VIII) of the notice dated April 6, 2015 as amended vide notice dated April 13, 2015 published for scheduled election to Smaller Representative General Body of the Society ("SRGB", in short) prohibiting a "member" to contest the election if his remaining membership in the society is less than five years with a further direction to the respondent to allow the petitioner to file nomination.

(2.) The brief facts are, on January 29, 2012, elections were held to SRGB and Board of Directors. The election of Board of Directors was challenged on the ground that the elections of delegates to the General Body has not been held. In a writ petition i.e. W.P. (C) 571/2012, this Court vide its order dated January 30, 2012 had stayed the declaration and giving effect to the election results. The case of the respondent therein was that the election result had been declared on January 29, 2012 itself and the new Board of Directors have taken over on the same date. Subsequently in another writ petition, election of delegates was stayed on the ground that electoral roll was not proper. As a consequence, two parallel organizations are claiming to run the Northern Zone Railway Employees Cooperative Thrift and Credit Society Ltd. This effected the working of the society. This Court with the consent of the parties, had appointed Justice S.N.Dhingra, a Retd. Judge of this Court as the learned Administrator to administer the affairs of the society. The Court has also empowered the learned Administrator, within two months to declare schedule of elections and appoint a Returning "Officer" to conduct the elections for all the constituencies of the society.

(3.) The learned Administrator was also empowered to determine the number of constituencies of the society on the basis of the society membership as on the date of appointment. The Court had also observed that the learned Administrator shall endeavour to complete the elections within six months from the date of communication of the order.