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TMI Blog2020 (11) TMI 1122X X X X Extracts X X X X X X X X Extracts X X X X ..... that respondent No.2 has not acted in a bona fide manner and as per rules and regulations. There are no reasons for this court to interfere in the completion of the election process. Petition dismissed. - HON'BLE MR. JUSTICE JAYANT NATH For the Appellant : Mr. Siddharth Sharma, Adv. For Respondent No. 1: Mr. A. K. Singla, Sr. Adv. with Mr. Abhishek K. Gola, Adv. For Respondent No. 3: Mr. Ashish Dholakia, Mr. Ankit Mangla and Ms. Mehak Khurana, Advs. ORDER JAYANT NATH, J. (ORAL) This hearing is conducted through video conferencing. 1. This writ petition is filed seeking an appropriate writ to quash the decision dated 06.09.2020 taken by respondent No.2/election officer appointed by respondent No.1 directing fresh draw of lots of 2/3rd outgoing members of the Central Council of Indian Institute of Insurance Surveyors and Loss Assessors (hereinafter referred to as the IIISLA ) respondent No.3. 2. Respondent No.3/IIISLA was established under section 25 of the Companies Act, 1956; is promoted by respondent No.1 under section 14(2)(f) of the Insurance Regulatory and Development Authority of India Act, 1999; and is the governing body of the Insurance Surveyors and Loss Assessors in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted by IRDA, the Election Officer shall determine by lot 2/3rd of the members to be retired out of the Council excluding nominated members. The members so elected by the Election Officer, within a period of 3 days from the date of lot, will decide 50% i.e. 4 members who will retire this year. (b) The names of the 4 person so elected will be communicated to the Election Officer by the person so authorized by the Council. (c) The Election Officer will accordingly incorporate their names and their Constituencies in the Notification to be issued for the Elections to the Second Council. (d) Every member shall be entitled to contest the elections or and have a right to vote. (e) The Election Officer, in consultation with the Council, shall notify the elections to the Council for filling up the vacancies so created by the retirement of 1/3rd members in a National Newspaper containing such details of the particulars mentioned in Article 49(b), as are necessary and relevant for the conduct of elections. The same shall also be notified through the Website of the IRDA. xxxx 7. Hence, the election officer has to determine by lot 2/3rd of the members to be retired out of the Council excluding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht members were selected in terms of Clause 3(a) of the Rules. The said members together nominated the four members who are to retire as is apparent from communication dated 28.08.2020. It is pleaded that now on the pretext that the draw of lots is erroneous on account of not having included the name of one of the deceased members of the Council, respondent No.2-the Election Officer on his own without any complaint is seeking to redo the draw. It is pleaded that this is wholly contrary to the stated procedure as per the stated rules and regulations. 3. The petitioner has made out a prima facie case. 4. Issue notice. 5. Learned counsel for respondent No. 3 accepts notice. 6. Notice be issued to respondents No. 1 and 2, returnable for 25.09.2020. 7. In the meantime, respondent No. 2 will maintain status quo regarding the entire election process/retirement of the members till the next date of hearing. Learned counsel for the petitioner is permitted to communicate on his letter head, the interim order passed by this court today to respondent No. 2. 12. Learned senior counsel appearing for the applicant/respondent No.1 states that presently as far as petitioner No.1 is concerned, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... now. The inconvenience caused to all members is regretted. The venue, date and time of the Draw will be as below. Considering the COVID19 situation I hope that most of you will be attending the meeting through Video conferencing. Please conform either your physical presence for the meeting or through VC so that necessary arrangements can be done. Clearly, the above steps taken by respondent No.2 are reasonable and cannot be said to be arbitrary. 15. Accordingly, in my opinion, there is no infirmity in the steps taken by respondent No.2 to warrant any interference in the election process. 16. In this context reference may be had to the judgment of the Supreme Court in the case of Supreme Court Bar Association and Ors. vs. B. D. Kaushik (2011) 13 SCC 774. The Supreme Court held as follows: 43. It hardly needs to be emphasised that in any body governed by democratic principles, no member has a right to claim an injunction so as to stall the formation of the governing body of the Association. No such right exists in election matters since exercise of a right conferred by a rule is always subject to the qualifications prescribed and limitations imposed thereunder. The contention of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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