JASHANPREET SINGH Vs. U.T.CHANDIGARH

JUDGEMENT

(1.) Challenge in the present writ petition, filed under Article 226 of the Constitution of India, is to the order dated 26.12.2019 (Annexure P-7) passed by respondent No.3, the Registrar, Trade Union, U.T.Chandigarh whereby the election process was quashed and fresh nominations were to be asked for. Similarly, the order dated 27.12.2019 (Annexure P-9) in compliance of the above, the entire election process was cancelled by the respondent No.2 and postal ballots were declared null and void for the entire election process of the office bearers of the Bank of India Officers Association (North-Western Unit) which was set aside. The same is subject matter of challenge, on the ground that the petitioner No.1 was declared elected to the post of President being unopposed. Resultantly, directions are sought to the Election Commissioner-respondent No.2, to conduct the free and fair election, as per the notification issued with respect to the election, without being influenced by the impugned order. Contentions:

(2.) Counsel for the petitioners has vehemently argued that respondent No.3 had no jurisdiction under the Trade Union Act, 1926 (for short, the 'Act') to set aside the elections which had taken place as there was no such provision under the Act. It is submitted that even otherwise, on merits, the petitioner No.1 had been elected unopposed as President on 14.12.2019 (Annexure P-6) and even if the same had to be challenged by any person aggrieved, he should have done so in accordance with law. It was thus not for the official respondents to act upon the representation of respondent No.4, on the account of lack of jurisdiction. Reference is also made to the merits, as such, as to whether the reasoning on the basis of which the orders have been passed are justifiable or not and therefore, the action suffers from an inherent infirmity.

(3.) Mr.Patwalia, Senior Advocate, appearing on behalf of respondent No.4, the General Secretary of the Association, has defended the action on the ground that the same is vitiated by fraud and relied upon the judgment of the Apex Court in S.P Chengalvaraya Naidu vs Jagannath 1994 (1) SCC 1 that fraud vitiates all proceedings.