LAWS(DLH)-2007-6-33

C P SINGH Vs. UTTRIYA RAILWAY MAZDOOR UNION

Decided On June 25, 2007
C.P.SINGH Appellant
V/S
UTTRIYA RAILWAY MAZDOOR UNION Respondents

JUDGEMENT

(1.) Petitioners, 5 in number, pray that orders dated 23.5.2007 and 30.5.2007 passed by the Registrar, Trade Unions be quashed and further directions be issued to him to prepare a fresh voters' list and thereafter conduct elections for the posts of office bearers in the central council of respondent No.1 trade union. First 3 petitioners are the ex office bearers of respondent No.1. The remaining 2 petitioners claim to be its members. It is claimed by the petitioners that the applicable bye-laws of respondent No.1 envisage a 3 tier system i.e. central council, divisional council and branch council to manage the affairs of respondent No.1 and its divisions and that elections to the posts of office bearers has to be as per the constitution, rules and bye-laws of respondent No.1. It is stated that respondent No.1 has 118 branch councils. It is stated that delegates of the branch councils participate in the election process of the central council. Thus, a proper and valid conduct of elections at the branch level is a sine qua non for constituting a valid voters list to elect office bearers of the central council. It is stated that vide order dated 23.5.2007, the Registrar, Trade Unions has mechanically adopted the voters' list prepared by Justice Devinder Gupta (Retd.), a former Chief Justice of the Andhra Pradesh High Court, which is stated to in violation of the bye-laws of respondent No.1. It is stated that a learned Single Judge of this Court had adversely commented upon the said voters' list. It is stated that the consequential order dated 30.5.2007 notifying 25.6.2007 as the date of poll has therefore to be quashed.

(2.) Brief backdrop facts, relevant to be noted, for adjudicating the issue are that elections to elect the office bearers of the central council of respondent No.1 are required to be held every 3 years. The last election was held on 4-5.7.2002. Thus, the term of the office bearers ended on 4-5.7.2005. Fresh elections could not be held due to inter se dispute and resultant litigation between the 2 groups.

(3.) Proceedings were initiated in this Court and the High Court of Judicature at the Allahabad. These proceedings related to the issue of finalization of the list of eligible voters to elect the office bearers of the central council.