2016 (1) TMI 1361 - HC - Indian Laws

Maintainability of petition - challenge to election - it is the case of the petitioner that the respondent no.1 University has unreasonably, arbitrarily and unauthorizedly interfered with the process of election of DUTA and thus a writ petition is maintainable - Held that - the petitioner, without being a candidate in the election which was admittedly due, cannot challenge the same especially when it is not in dispute that the election was due. Only a candidate desirous of participating in the elections and wrongfully denied such participation or a candidate who has contested in the election and the result whereof is claimed to be vitiated, in such circumstances have cause of action to challenge the result of the election - The position may be different if the statute or the Rules and Regulations of the body / society vest such a right. The petitioner could have challenged the election only if had been an aspirant thereto and not otherwise. None can be permitted to perpetuate his / her term of elected office by contending that the result of the next election is vitiated - without participating in that election. If the same were to be permitted, it would vest a right in each and every member of outgoing elected body to challenge the election and may lead to multiple challenges indefinitely delaying the taking over of reigns by the newly elected body. The petition is thus dismissed with liberty however to the petitioner to avail of the suit remedy with respect to the affairs of the respondent no.2 DUWA.

Summary

Issues:
Challenging the Minutes of the General Body Meeting (GBM) and Notification for holding elections, interference by Delhi University in DUWA elections, maintainability of the writ petition, cause of action for the petitioner, locus standi to challenge election results, refusal to handover charge by outgoing Executive Committee member, interference by acting VC's wife, interpretation of Memorandum of Association, distinction between VC and acting VC powers, accuracy of GBM minutes.

Analysis:

1. Challenging GBM Minutes and Election Notification:
The petitioner challenged the Minutes of the GBM and the Notification for holding elections, seeking a mandamus for a fresh election. The petitioner alleged interference by Delhi University in DUWA elections, claiming the interference vitiated the election process. However, the court noted that the petitioner was not a candidate in the election, raising concerns about the petitioner's locus standi to challenge the election results without being directly affected.

2. Interference by Delhi University:
The petitioner argued that Delhi University interfered with DUWA elections, leading to the petition. The respondent contended that DUWA is a private body and not subject to writ jurisdiction. The court highlighted the need for a valid cause of action to maintain a writ petition, emphasizing that only affected candidates could challenge election results.

3. Maintainability of Writ Petition:
The court addressed the maintainability of the writ petition, citing precedents that emphasized the necessity of a cause of action for filing a writ petition. The court highlighted that a petitioner must have a personal or individual right to enforce under Article 226, emphasizing the importance of being an aggrieved person to invoke certiorari jurisdiction.

4. Refusal to Handover Charge:
The petitioner, as a member of the outgoing Executive Committee, claimed the right to refuse to handover charge to an illegally constituted Executive Committee. However, the court ruled that the petitioner could only challenge the election if they were an aspirant, not as a member of the outgoing committee.

5. Interference by Acting VC's Wife:
The petitioner alleged interference by the wife of the acting VC of Delhi University in DUWA affairs. The court examined the Memorandum of Association, clarifying the roles of the VC and the President of DUWA. The court noted that the provision for the President's role applied to the VC's wife, even if the VC was an acting VC.

6. Accuracy of GBM Minutes:
The petitioner disputed the accuracy of the GBM minutes, but the court did not delve into this issue due to the petitioner's lack of standing to challenge the election results. The court dismissed the petition, granting the petitioner the liberty to pursue a suit remedy regarding DUWA affairs.

In conclusion, the court dismissed the petition due to the petitioner's lack of standing and emphasized the importance of a valid cause of action for maintaining a writ petition, particularly in election-related matters. The judgment clarified the limitations on challenging election results and highlighted the necessity of being an aggrieved party to seek judicial intervention in such cases.