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High Court of DelhiW.P.(C)/3892/2016

Cs K K Singh v. Union Of India And ORS

2016-05-06Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

. W.P.(C) 3892/2016 '

·CS K K.SINGH ..... Petitioner Through:

Ms. Madhumita Bhattacharjee, Adv.

Versus

UNION OF INDIA AND ORS Through:

..... Respondents Ms. Suprana Srivatava, Adv. for R-1.

Mr.

Adv. for R-2.

Dr. S.K. Kumar, Adv. for R-3.

CORAM:

, HON'BLE MR. JUSTICE RAJIV SAHAI ENDLA W

ORDER

,_ ;J % 06.05.2016 i '

<'CM No.1652112016 (for exemption) .

!, Allowed, subject to just exceptions.

,2.

. The application is disposed of.

W.P le).N 0.3892/2016 3.

The petition impugns the election of the respondent no.3 CS Rajiv Bajaj to the Council of the respondent no.2 The Institute of Company . $ecretaries of India and seeks the relief of setting aside of the said election. 4,.

The counsel for the petitioner has fairly handed over a copy of the order dated 26th April, 2016 of disrnissal of W.P.(C) No.3128/2016 also challenging the same election and has further fairly stated that the case of the petitioner herein is not different from that of the petitioner Hitender KUmar Mehta in W.P.(C) No.3128/2016 save that it was also a plea of the petitioner herein that the respondent no.3 CS Rajiv Bajaj was also guilty of ( practicing undue influence within the meaning of Rule 42(4)(ii) of the Company Secretaries (Election to the Council) Rules, 2006. W.P,(C) NO.389212016 Page 1 0/2

5.

Rule 42 supra concerns "Disciplinary a?tion against member in connection with conduct of elections" and Section 9(2)(a) of the Company Secretaries Act, 1980 disputes listed wherein only are to be referred to the Election Tribunal constituted under Section 10A of the Act, does not list the same as an election dispute. Thus the remedy ofll1e for the undue "

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I influence if any by the respondent no.3 CS Rajiv Bajaj in connection with the conduct of the election is to· take steps for initiating .

against the respondent no.3.

6.

Save for the aforesaid, the petition is dismissed for the same reasons for which W.P.(C) NO.3128/2016 was dismissed. 7.

The petitioner shall be entitled to in accordance with law pursue the . . remedy with respect to misconduct in connection with the election if any . committed by the resp'ondent no.3 CS Rajiv.Bajaj. The petitioner shall also . be entitled to make representation for amendment of the Rules. No costs.

SAHAI ENDLA W, J MAY 06, 2016 'gsr' ..

. WP.(C) No.389212016