Delhi High Court
Yogendra Saraswat vs Union Of India & Ors on 6 September, 2017
$~26.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7880/2017 and CM APPL. 32563/2017
YOGENDRA SARASWAT ..... Petitioner
Through: Mr. Vivek Singh, Advocate with
Mr. Rohan Sharma and Mr. Kshitij Kumar,
Advocates
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC for
R-1 and R-2.
Mr. Dipak K. Nag, Advocate with Mr. Apurva
Upmanyu, Advocate for R-3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 06.09.2017
1. The present petition has been filed by the petitioner, assailing an
Office Memorandum dated 29.08.2017, issued by the Department of
Personnel and Training, Ministry of Personnel, Public Grievances and
Pensions, Government of India, stating that the show cause notice dated
15.06.2017 issued to the Board of Directors, Kendriya Bhandar stands
discharged.
2. We may note at the outset that this is the second round of litigation
that has been initiated by the petitioner, who describes himself as a member
of the respondent No.3/Kendriya Bhandar. The earlier petition filed by the
petitioner [W.P.(C) 7073/2017] was disposed of as recently as on
22.08.2017. In the said petition, the petitioner had sought quashing of the
Notification dated 01.08.2017 issued by the Returning Officer appointed by
the Board of Directors of the respondent No.3/Kendriya Bhandar,
whereunder the election of delegates was fixed for 06.09.2017, i.e., today.
The petitioner had also sought a declaration to the effect that the Board of
Directors and the Chairperson of Kendriya Bhandar elected pursuant to the
elections of the General Body held on 09.05.2012, be declared as ineligible
for any further elections and an Administrator be appointed to manage the
affairs of Kendriya Bhandar and conduct the elections.
3. The aforesaid petition was disposed of by a detailed order dated
22.08.2017, recording inter alia that the election process had already been
set into motion in terms of the Notification dated 01.08.2017, which had laid
down a detailed schedule of the elections. It was further observed that even
if there is some illegality or breach of rules, as was alleged by the petitioner
in the said petition, the courts should forbear from interfering with the
election since the aggrieved party would have an option to pursue his
remedies after the election is conducted, by laying a challenge thereto in
accordance with law.
4. Counsel for the petitioner submits that the notice to show cause dated
15.06.2017 issued under Section 123 of the Multi-state Cooperative
Societies Act, 2002 to the Chairperson of the Board of Directors of Kendirya
Bhandar, calling upon them to explain as to why the Board be not removed
on account of persistent negligence in performing their duties and
discharging their responsibilities, has been illegally withdrawn by the
impugned Office Memorandum dated 29.08.2017, without offering any
justification or furnishing any reason therein. He goes on to state that as a
result of the withdrawal of the notice to show cause, all the nine members of
the Board of Directors of the respondent No.3/Kendriya Bhandar would
become eligible to participate in the ensuing elections.
5. We may note that in para 8 of the order dated 22.08.2017, passed in
W.P.(C) 7073/2017, it was noted that out of nine members of the Board of
Directors of Kendriya Bhandar, only three members were eligible to
participate in the elections that are being conducted today. In such
circumstances, we do not see how the petitioner can raise such an issue at
this stage, more so when the elections are being conducted today itself. Once
the election process is over, if aggrieved, the petitioner has an option to
pursue his remedies by laying a challenge in accordance with law. But this is
neither the stage, nor the time to file such a petition, which is patently
misconceived and appears to be an attempt on the part of the petitioner to
somehow scuttle the elections process, which is impermissible.
6. We decline to entertain the present petition, which is dismissed
alongwith the pending applications with costs of Rs.5,000/- imposed on the
petitioner, to be deposited with the Delhi High Court Legal Services
Authority within two weeks.
HIMA KOHLI, J
DEEPA SHARMA, J
SEPTEMBER 06, 2017
rkb/ap
