Dr. Mahesh Kumar Sinha v. The Chief Election Commisioner

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2542 of 2018 • Dr. Mahesh Kumar Sinha S/o Shri K.P. Sinha Aged About 60 Years R/o 11 Ashoka Platinum, Ashoka Ratna, Vidhan Sabha Road, Raipur, District Raipur Chhattisgarh ---- Petitioner

Versus

• The Chief Election Commissioner Election Commission, Indian Medical Association Head Quarter, New Delhi. I.M.A. House Indraprasth Marg New Delhi. 110002 ---- Respondent For Petitioner Mr. Rajesh Ranjan Sinha, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 12/9/2018 1.

Heard.

2.

The dispute brought before this Court appears to be emanating from the election process initiated by the Election Commission of Indian Medical Association having its headquarter at IMA House, Indraprasth Marg, New Delhi. Neither the IMA nor its Election Commission would be amenable to the writ jurisdiction under Article 226 of the Constitution of India as it is not "the State" within the meaning of Article 12 of the Constitution of India.

3.

At this stage, learned counsel for the petitioner, would pray for withdrawal of and is permitted to withdraw this writ petition with liberty to approach the Election Commission of IMA for redressal of his grievance within three months.

4.

Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (Prashant Kumar Mishra) Judge Shyna