Madhya Pradesh High Court
Amar Prabhuji vs Purusotam Athiya on 12 June, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 M.P. No.1744 of 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 12th OF JUNE, 2023
MISCELLANEOUS PETITION No. 1744 of 2023
BETWEEN:-
AMAR PRABHUJI S/O
MANGOOJEEWAGHMARE, AGED ABOUT
54 YEARS, PRESIDENT ALL INDIA SC/ST
ASSOCIATION HEAD QUARTER BRANCH
WEST CENTRAL RALWAY JABALPUR
RALWAY POST SENIOR SECTION OFFICER
ACCOUNTS UNDER PRINCIPAL FINANCIAL
ADVISIOR AND ACCOUNT OFFICER WEST
CENTRAL RAILWAY JABALPUR R/O
HOUSE NO. 102 B NARMADA NAGAR
GAWARIGHAT ROAD JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SURESH KUMAR DAGOR - ADVOCATE)
AND
1. PURUSOTAM ATHIYA S/O B.P. ATHIYA,
AGED ABOUT 55 YEARS,
OCCUPATION: ZONAL SECRETARY
ALL INDIA SC/ST ASSOCIATION WEST
CENTRAL RAILWAY JABALPUR
ASSOCIATION OFFICE ASHOK SADAN
BUNGLOW NO KD/121A RAILWAY
POST SENIOR SECTION ENGINEER
COACH REPAIR WORKSHOP
NISHATPURA BHOPAL (MADHYA
PRADESH)
2. N.R. CHOUDHARY S/O HEERALAL
CHOUDHARY, AGED ABOUT 61 YEARS,
OCCUPATION: RETIRED SENIOR
SECTION ENGINEER (ELECTION)
KOTA RAJASTHAN NOMINATED AS
ELECTION OFFICER ZONAL
ELECTION OF ALL INDIA SC/ST
ASSOCIATION WEST CENTRAL
RAILWAY RESIDENT OF OWN HOUSE
NO. 15 BSHRINATH RESIDENCY NEAR
SILVER BELLS SCHOOL SOGARIYA
KOTA RAJASTHAN PIN CODE 3240165
(RAJASTHAN)
3. B.P. KHATARKAR S/O PATIRAM
KHATARKAR OCCUPATION: RETIRED
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 13-Jun-23
8:14:33 PM
2 M.P. No.1744 of 2023
EMPLOYEE COACH REPAIR
WORKSHOP NISHATPURA BHOPAL
NOMINATED AS ELECTION OFFICER
FOR ZONAL ELECTION OF ALL INDIA
SC/ST ASSOCIATION WEST CENTRAL
RAILWAY RESIDENT OF OWN HOUSE
NEAR RAILWAY HOSPITAL KARIRIYA
BHOPAL 462010 (MADHYA PRADESH)
4. RAKESH MALVIYA S/O JAGDISH
MALVIYA, AGED ABOUT 48 YEARS,
OCCUPATION: RETIRED EMPLOYEE
COACH REPAIR WORKSH
NOMINATED AS ELECTION OFFICER
FOR ZONAL ELECTION OF ALL INDIA
SC/ST ASSOCIATION WEST CENTRAL
RAILWAY, RAILWAY POST
RAJBHASHA SAHAYAK RAJBHASHA
DEPARTMENT RPF BUILDING
GENERAL MANAGER OFFICER
PREMISES JABALPUR 482001 (MADHYA
PRADESH)
5. PRINCIPAL CHIEF PERSONNEL
OFFICER WEST CENTRAL RAILWAY,
OLD BUILDING GENERAL MANAGERS
OFFICE INDIRA MARKET JABALPUR
482001 (MADHYA PRADESH)
.....RESPONDENTS
This petition coming on for orders this day, the court passed the
following:
ORDER
Although this petition has been filed under the category of Miscellaneous Petition but the provision of law has not been mentioned. Since this petition has not been filed against any order passed by any Tribunal or Authority, therefore it is being treated as a petition under Article 226 of the Constitution of India.
2. This petition has been filed seeking the following reliefs:-
"(1) The Hon'ble Court may be pleased to call for the entire relevant record relating to the said election notification from the custody of Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-Jun-23 8:14:33 PM 3 M.P. No.1744 of 2023 respondent no-01 and nominated election officer about issuance of impugned election notification dated-23-02-2023 and election process conducted till date for kind perusal and reference.
(2) That this Hon'ble Court may be pleased to Quash and set aside the impugned notification dated-23-02-2023 and entire process of Zonal Committee election of the association in WCR Jabalpur pursuant to impugned notification till the date of scheduled election dated-19-03-2023. (3) That this Hon'ble Court may be pleased to issue any other appropriate order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (4) That this Hon'ble Court may be pleased to dispense with from filing the certified copies of the Annexure.
(5) Prior notices to the respondents may kindly be dispensed with.
(6) That this Hon'ble Court may be pleased to allow the petitioners to file Photostat copies of the Annexure.
(7) Cost of the writ petition is awarded in favour of the petitioners and against the respondents."
3. It is submitted by the counsel for the petitioner that the petitioner is aggrieved by the election notification dated 23/02/2023 as well as the election process of election of Zonal Committee of Association in WCR Jabalpur. It is fairly conceded by the counsel for the petitioner that the petitioner has an efficacious remedy to approach the Registrar under the Societies Registration Act.
4. Since the petitioner has an efficacious remedy, therefore no case is made out warranting interference by this Court by by-passing the Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-Jun-23 8:14:33 PM 4 M.P. No.1744 of 2023 statutory provision.
5. Accordingly, this petition is dismissed on the question of maintainability.
(G.S. AHLUWALIA) JUDGE shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-Jun-23 8:14:33 PM