TELCO WORKERS UNION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 903 of 2014

(2.) Briefly stated, the facts leading to filing of the present writ petition are summarised thus;

(3.) A counteraffidavit has been filed on behalf of the respondent nos. 1 to 3 raising an objection to the maintainability of the writ petition on the ground that the election dispute raised for violation of the constitution of Union involves facts and materials which can be decided only in a civil suit. It is stated that in the course of hearing it emerged that the rules of election has been changed by the Executive Committee in violation of the constitution of Union and therefore, a legal opinion was sought from the Law Department. The learned AdvocateGeneral opined that for making new rule and amendment in the existing Rules for conduct of election, approval of General Body is required. In view of the legal opinion, the respondent no. 2 refused to enter the name of elected office bearers in FormB register.