A K DUBEY Vs. INDIAN MEDICAL ASSOCIATION

JUDGEMENT

(1.) Petitioner a practicing orthopedic surgeon from Gwalior has filed this writ petition purportedly under Article 227 of the Constitution and calls in question the elections held to the M. P. Branch of the Indian Medical Association. It is said that the election held is illegal as certain irregularities and illegalities have been committed, matter came to this Court at the instance of certain parties including the petitioner in W. P. No. 10181/13 and, thereafter, in W. A. No. 568/13. The Writ Court and the writ appellate Court took note of various aspects of the matter and finally as a remedy of raising the election dispute before the Election Tribunal by way of an election petition was available under Clause 35 (C ) (3) and in terms of the Article of Association and the Memorandum, Rules and Bylaws of the Indian Medical Association, M. P. State Branch, the petitions and the writ appeals were disposed of relegating the parties to take recourse to the remedy available of approaching the Tribunal.

(2.) It is stated that petitioner has raised the dispute before the Election Tribunal and now the grievance of the petitioner seems to be that the Election Tribunal is not proceeding in the matter and is insisting upon the petitioner to deposit Rs. 1,00,000/- towards expenses for travelling and other expenses for the members of the Tribunal conducting the proceedings. Seeking a direction to the Election Tribunal to decide the election dispute raised by the petitioner in accordance with the bye-laws of the association at an earlier date, petitioner has approached this Court.

(3.) On notice being issued, respondents have filed the return and apart from raising various objections and questions with regard to the right of the petitioner to invoke the jurisdiction of this Court, respondents have stated that petitioner has not complied with certain directions issued by the Tribunal and, therefore, the petition be dismissed.