S. ANTHONYDOSS Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions are filed questioning the validity of election notice issued by the respondents on 7/1/2022. As per the election notice, the process of election has already been commenced on 10/1/2022, the date on which the voter list was published by the Returning Officer. On 13/1/2022, final voter list was published by the Returning Officer. Filing of nomination papers was on 22/1/2022, scrutiny of nomination papers on 24/1/2022, publication of valid nominations on 24/1/2022 and withdrawal of nomination by the candidates was on 25/1/2022. Publication of final list of contesting candidates were made on 25/1/2022 itself. The polling date is fixed on 6/2/2022 and counting of votes and declaration of results have to be made on 7/2/2022 from 9 a.m. onwards. Thus, the publication of final list of contesting candidates were already effected and the polling date is fixed on 6/2/2022. Under these circumstances, the election notice is under challenge by the candidates, who all are contesting the elections repatriate members and candidates.

(2.) The short question which is to be considered by this Court is that whether an election at this point of time shall be interfered with or not, if it is necessary, then under what ground.

(3.) The vital ground raised by the petitioners are that as per the bye-law no.4, the Bank shall have two categories of members No.1. Ordinary Members-1 A1 Class Members and No.2 Nominal/Associates Members-B Class Members. Clause 13 of the bye-law speaks about the Rights of Ordinary Member-'A Class Member. Accordingly, A Class Member shall have the right to vote in the election to elect the Delegates for the General Body Meeting and to take part in the election and contest for the post of the Delegates. The rights of the Delegates of the General Body are also provided in the said Clause.