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TMI Blog2003 (1) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... o law after cancelling the elections held on 10-1-2003 as arbitrary, null and void and consequently to direct respondent No. 7 not to recognize the elected members and office bearers and to conduct fresh elections according to bye-laws of All India SC and ST Railway Employees Association Guidelines issued by the Railway Board. 2. The affidavit filed in support of the writ petition, sworn to by one K. Nageswara Rao S/o. K.P. Naganna, enumerates the irregularities said to have been committed during the course of election and it is stated that in view of those irregularities, the election held to the petitioner-Association should be declared null and void. 3. As I entertained a doubt about the maintainability of the writ petition for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Government on the institute is deep and pervasive. Therefore, the Supreme Court held that the said institute, for all incidents and purposes, is but an instrumentality of the Central Government, and as such is an 'authority' within the meaning of Section 12 of the Constitution, and would be subject to Constitutional obligations under Articles 14 and 16 of the Constitution. The case of the petitioner-Association is entirely different, the constitution of the petitioner-Association, filed along with the writ petition, shows that its General Body comprises of zonal bodies, and has Central Executive Committee, Zonal Executive Committee^ Divisional Executive Committee, Branch Executive Committee, Zonal Executive of CLW/DLW/ICF/RDSO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it is controlled by the Central Government or any other Government Agency; On the other hand they clearly show that it is an Association being organised by Railway Employees. Neither the Central nor State Government has control thereon and do not fund it, i.e., it is not being run on the funds or grants received from any Government or Government Agency. So, Article 12 does not apply to petitioner-Association and so B.S. Minhas's case (supra) relied on by the learned Counsel for the petitioner is of no help to the petitioner. 5. The petitioner-Association was registered under the Societies Registration Act, 1860 (for short '1860 Act'), which Act stood repealed by Section 32 of A.P. Societies Registration Act, 2001 (for sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent from its members. Therefore, if the elections held for that Society are not in accordance with its Bye-laws, or constitution (Memorandum of Association), person aggrieved by those irregularities has to file a petition, but the society itself cannot file a petition questioning the elections held to its Governing Body. 6. As per the Bye-laws of the petitioner-Association (Note (iii) of Byelaw 1 of Part II), a suit on its behalf has to be filed in the name of the General Secretary, who is authorized to sign and verify the pleadings and engage Advocates, etc., General Secretary, according to Note No. (xiii) of Bye-law No. 1, is Secretary of the Governing Body of the Association. 'Governing Body', as per Note No. (xi), is the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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