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TMI Blog2016 (1) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... b) the Notification dated 2nd January, 2016 of the Returning Officer appointed in the aforesaid GBM for holding the elections, announcing the result of the election. Axiomatically, mandamus is also sought to the respondent no.2 to DUWA to hold de novo election. 2. It is also inter alia the pleading of the petitioner that the respondent no.1 Delhi University has interfered with the affairs of the respondent no.2 DUWA and axiomatically relief of restraining the respondent no. 1 University from interfering with the elections of DUWA is also claimed. 3. Though the petition came up first before this Court on 8 th January, 2016 and thereafter on 11th January, 2016 but was adjourned and notice has not been issued as yet. The order dated 11 th Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... election process. It is even otherwise contended that since the elections have been held wrongly and in an arbitrary manner, the petition would be maintainable. 6. I have enquired from the counsel for the petitioner whether the petitioner was a candidate in the said election. 7. The answer is in the negative. 8. The senior counsel for the respondent no.1 University states that the petitioner could not have been a candidate having been a member of the Executive Committee of the respondent no.2 DUWA for the past two consecutive terms. 9. The counsel for the petitioner controverts that the petitioner was the member of the Executive Committee of the respondent no.2 DUWA for two consecutive terms. It is stated that the petitioner was a membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion or a candidate who has contested in the election and the result whereof is claimed to be vitiated, would in my opinion 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. 14. The High Court of Madhya Pradesh, in Bhushan Ramlal Kahsyap Vs. S.D.O., relying on Jasbhai Motibhai Desai Vs. Roshan Kumar Haji Bashir Ahmad AIR 1976 SC 578 held that in order to have locus standi to invoke certiorari jurisdiction, the person must be an aggrieved person and relying on Calcutta Gas Co. Vs. State of West Bengal AIR 1962 SC 1044 held that the right which can be enforced under Article 226 shall ordinarily ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. A Division Bench of the High Court of Allahabad in Dr. P.P. Rastogi Vs. Meerut University also held that to permit individual members of Committee of Management to seek review of the order in a petition filed by the Committee of Management would create a lot of problems because any individual member or several member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... genda item for the GBM, with respect to elections scheduled on 28th December, 2015 and which did not satisfy the requirement of the minimum notice to be given of the election. 22. However, I find that the Memorandum of Association of the respondent no.2 DUWA provides for the VC to be the ex officio patron of the Association and the wife of the VC of the respondent no.1 University to be the ex officio President of the respondent no.2 DUWA and only in the event of the VC at the relevant time being a woman, provides for the President to be elected from amongst the members of respondent no.2 DUWA. 23. The counsel for the petitioner states that the provision is with respect to VC and not with respect to acting VC. On enquiry whether in the Un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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