Shri Sheel Bhadra Sinha v. The Institution Of Engineers(India)Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN SUNDAY, THE 20TH DAY OF DECEMBER 2015/29TH AGRAHAYANA, 1937 WA.No. 2752 of 2015 () IN WP(C).37605/2015 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 37605/2015 of HIGH COURT OF KERALA DATED 18-12-2015 APPELLANT(S)/PETITIONER:
---------------------------------------------- SRI SHEEL BHADRA SINHA 148, ANANDPURI, 1ST FLOOR WEST BORING CANAL ROAD, PATNA-800 001.
BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S)/RESPONDENTS:
---------------------------------------------------- 1.
THE INSTITUTION OF ENGINEERS(INDIA), 8, GOKHALE ROAD, KOLKATA-700 020 REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL SRI. BRAHMA REDDY.
2.
SRI HATESH C. SYNE BERRY SHANTIKUNJ, 406, KORORAM ROAD NAYA GAON, CHANDIGRAH-160 103.
3.
DR.L.V.MURALIKRISHNA REDDY PRESIDENT, THE INSTITUTION OF ENGINEERS (INDIA), NO.8 GOKHALE ROAD, KOLKATA-700 020 4.
SRI PRADEEP CHATURVEDI C-4, GULMOHAR PARK, NEW DELHI-110 049.
5.
SRI JAGADISH MOHAN 1/117, VIVEK KHAND, GOMTI NAGAR LUCKNOW-226 010.
6.
SHRI GHULAM MOHD DAR FIE, D-1, CO-OPERATIVE COLONY PEER-BAGH, AIR-PORT ROAD, SRINAGAR-190 014 KASHMIR.
7.
SHRI SUKHDEV RATTAN KEHLOORKUTIR, BYE PASS ROAD, SAPROOM SOLAN SOLAN, HIMACHAL PRADESH.
8.
DR.U.CHANDRASEKHAR FIE, DIRECTOR ENGINEERING STAFF COLLEGE OF INDIA (ESCI) GACHIBOWLI, OLD BOMBAY ROAD, HYDERABAD-500 032.
9.
SHRI ASHOK KUMAR BASA FIE, IMME, PRESIDENT IEI, DIRECTOR (TECHNICAL), B ENGINEERS & BUILDERS LTD., 72/A, MANCHESWAR INDUSTRIAL ESTATE, BHUVANESWAR - 751 010.
10.
SHRI S.S.RATHORE FIE, PAST PRESIDENT, IEI PLOT NO.54/2, SECTOR 2-A, GANDHINAGAR-382 007. 11.
SHRI KIRAN CHANDER SETHI FIE, HOUSE NO.85, DAYAL SINGH COLONY KARNAL-132 001.
12.
SHRI P.O.AGARWAL FIE, HIG-10, HOSHANGABAD ROAD SHIVAJI NAGAR, BHOPAL-462016.
13.
SHRI SATISH GANESHRAO BAHALEY FIE, 14, JEEVAN CHHAYA COLONY, NEAR KALYAN NAGAR, ASHRIAVATI-444 606.
14.
SHRI RAMESH CHANDRA BAIRATHI FIE, B-116, VIDYUT NAGAR-B QUEENS ROAD, AJMER ROAD, RAJASTHAN JAIPUR-302021.
15.
SHRI ARVINDER SINGH BAKSHI FIE, HOUSE NO.2137, SECTOR 21C CHANDIGARH-160 022.
16.
PROF.DR. NIL RATAN BANDYOPADHYAY, FIE, PROFESSOR AND DIRECTOR SCHOOL OF MATERIALS SCIENCE & ENGINEERING BENGAL ENGINEERING & SCIENCE UNIVERSITY SHIBPUR P.O.: B GARDEN, HOWRAH-711 103.
17.
SHRI SISIR KUMAR BANERJEE FIE 1/4, PREM CHAND BARAL STREET, KOLKATA-7000 12.
18.
SHRI VED PRAKASH BANSAL FIE, A-33, SECTOR-19 NOIDA, PIN - 201 301, UP.
19.
SHRI NARENDRA KARBHARI BIRAR FIE, BIRAR ENTERPRISES, B-65/2 NICE OPP.DESHDHOOT PAPERS, SATPUR NASHIK-422 007.
20. SHRI VINOD KUMAR BIRTHIRE, FIE, 577-C-12, SAINIK SOCIETY SHAKTI NAGAR, JABALPUR-482 001, MP.
21.
DR.SUDHIR KUKMAR CALLA FIE, DIRECTOR (D & W) SWAMI KESHVANAND INSTITUTE OF TECHNOLOGY MANAGEMENT AND GRAMOTHAN RAM NAGRIA, JAGATPURA JAIPUR-302017, RAJASTHAN.
22.
SHRI MOHAN BALWANT DAGAONKAR FIE, D/30/O:2 SAGAR-SANGAM SOCIETY, SECTOR-4 NERUL, NAVI MUMBAI-400 706.
23.
DR.GOVIND DANGAVACH SHARAN FIE, 53, JAWAHAR COLONY NEAR GLASS FACTORY, TONK ROAD, JAIPUR-302018 RAJASTHAN.
24.
SHRI SHAILESH JANARDAN DESAI FIE, B1 ANUPAM APARTMENT NEAR HIMALAYA ARCADE, VASTRAPUR, AHMEDABAD GUJARAT-380 015.
25. SHRI C.M.DHARMALINGAM FIE, 23, NATRAJ NAGAR LAYOUT VISVESWARAIYA 3RD STREET, EXTN. K.K.PUDUR COIMBATORE-641 038, TAMIL NADU.
26.
SHRI C.M.DIMRI FIE, 51 ARAGHAR, NEAR SHIKCHHAK BHAWAN DEHRADUN-248 001.
27.
SHRI SHREE BHAGAWAN DUBEY FIE, ALOK NIKUNJ, URJANAGAR CANTT-KHAGAUL ROAD, NEAR CHITWAN, PATNA DANAPUR-801503.
28.
SHRI PRITHVI SINGH GAHLOT FIE, 624, RANISATINAGAR LANE-6, GATE NO.6, LADHI MARG JANPATH, AJMER ROAD, JAIPUR-302019.
29.
SHRI DIVAKAR GARG, FIE, FLAT NO.A-1/2, M.S.FLATS SECTOR-13, R.K.PURAM, NEW DELHI-110 066 30.
SHRI RAJINDER PAL GARG FIE, HOUSE NO.1832, SECTOR 34-D, CHANDIGRAH 160 022.
31.
SHRI K.K.S.GAUTAM FIE, A-105, SARV DHARM COLONY KOLAR ROAD, BHOPAL, MP-462 042.
32.
DR.JAGADISH KUMAR GEHLAWAT FIE-34, ANAMIKA APARTMENTS, 99 IP EXTENSION, NEW DELHI-110 092.
33.
SHRI VIJAY SADAHIV GHOGARE, FIE 1-17, SILVANUS PANCHVATI, PASHAN ( NEAR NCL) PUNE-413103.
34.
DR.K.GOPALAKRISHNAN FIE, #5, SRI VINAYAKA TOWERS 7TH CROSS, K.R.COLONY, DOMLUR LAYOUR BANGALORE-560 071.
35.
SHRI T.M.GUNARAJA FIE, TMG COLLEGE OF ARTS & SCIENCE, 385 ARCOT ROAD, KODAMBAKKAM, CHENNAI-600 024.
36.
SHRI ARVIND KUMAR GUPTA FIE, 96A, MAHATMA GANDHI MARG OPPOSITE GOVERNOR'S HOUSE, LUCKNOW-226 001.
37.
SHRI DEV KUMAR GUPTA FIE, HOUSE NO.917, SECTOR-5 HUDA, KURUKSHETRA, HARYANA-136 118.
38.
SHRI N.ILAMPARUTHI FIE, G-15, JAWAHARKAK NEHRU SALAI BLOCK-16, NEYVELI-607801.
39.
DR.(PROF.) MADDU KAMA RAJU FIE, FLAT NO.304, CHANTI ENCLAVE PANTULUGARISHED VEEDHI, SATYANARAYANAPURAM GUDIVADA-521 301.
40.
PRF. (DR) T.S.KAMAL FIE, THE INSTITUTION OF ENGINEERS (INDIA) PUNJAB & CHANDIGARH STATE CENTRE, MADHYA MARG SECTOR 19A, CHANDIGARH-160 019.
41.
SHRI S.KARUPPASAMY FIE, 16/9, 17TH CROSS, KUMARAN NAGAR TRICHY-620 017.
42.
SHRI JAHNABI KONAR FIE, C/O.MR.DILIP KUMAR CHOUDHURY, 1/6 SARADAPALLY, BENACHITY, DURGAPUR-713213 43.
DR.WOODAY P KRISHNA FIE, 391/1, 8TH CROSS 13TH MAIN, RAJAMAHAL VILAS EXTENSION, SADASHIVANAGAR, BANGALORE-560 080.
44.
SHRI KISHORE KUMAR FIE, FLAT NO.101, BAIDYANATH PALACE JAGDEO PATH, BAILEY ROAD, PATNA 800 014 BIHAR.
45.
DR.G.MADHU FIE, GEETHANJALI, GREEN GARDEN UNIVERSITY ROAD, P.O.COCHIN UNIVERSITY, KOCHI-682 022 KERALA 46.
SHRI ARCHAN KUSUM MAJUMDAR FIE, AE-701, SALT LAKE CITY SECTOR-I, KOLKATA-700 064.
47.
SHRI VISHESHWAR LAL MALHOTRA FIE, C-24, SECTOR 57 G.B. NAGAR, NOIDA - 201 301.
48.
DR.ARUP KUMAR MISRA FIE, ASSOCIATE PROFESSOR DEPARTMENT OF CHEMICAL ENGINEERING ASSAM ENGINEERING COLLEGE, JALUKBARI GUWAHATI-781 013.
49.
SHRI HARISH KUMAR MITTAL MIE, KRISHNAM, 346 VIVEK VIHAR, NEW SANGANER ROAD, SODALA JAIPUR-302019 50.
SHRI CHANDRA MOHAN FIE, H.NO.12-2-709/C/114, PADMA NABHA NAGAR HYDERABAD-500 028.
51. DR.OMKAR NATH MOHANTY FIE, PLOT NO.200, KHARAVELA NAGAR UNIT-III, BHUBANESWAR, ODISHA-751 001.
52.
SHRI D.V.NAGABHUSHAN FIE, 43/1, IV MAIN, 15TH CROSS MALLESWARAM, BANGALORE-560 003.
53. DR.M.P.SUKUMARAN NAIR FIE, XIV/450, MORICAL KAKKANAD P.O., KOCHI-682 030.
54.
SHRI L.M.PATRA FIE, 219, BAYABABA MATH ROAD UNIT 9 (FLATS), BHUBANESWAR-751 022.
55.
SRI R.PERIASAMY FIE, CHIEF MANAGER (MECHANICAL) POWER STATION ENGINEERING, CORPORATE OFFICE NEYVELI LIGNITE CORPORATION LTD., BLOCK-I NEYVELI-607 801.
56.
SHRI R.PONBADI FIE, 1 ALAGAR NAGAR, SECOND STREET K. PUDUR, MADURAI-625 007.
57.
SHRI I.SATYANARAYANA RAJU FIE, HOUSE NO.6-3-903/A/1, FLAT NO.201 CHINMAYI RESIDENCY, RD-10, SURYANAGAR SOMAJIGUDA, HYDERABAD-500 082, ANDHARA PRADESH 58.
DR.KRISHNASWAMI RAMACHANDRA FIE, NO.600/1, 10TH CROSS 7TH BLOCK WEST, JAYANAGAR, BANGALORE-560 082. 59.
SHRI K.P.RAMANATHAN FIE, NO.7, PARI STREET KALASHETRA COLONY, BESANTNAGAR, CHENNAI-600 090, TAMIL NADU.
60.
PROF.(DR), MALLELA PURNACHANDRA RAO FIE, PROFESSOR, DEPARTMENT OF PHYSICS ANDHRA UNIVERSITY, VISKHAPATNAM ANDHRA PRADESH 530 003.
61.
DR.RAGHUPATRUNI BHIMA RAO FIE, 33A/5, 5TH BLOCK 5TH FLOOR, METROCITY APARTMENT, BEHERA SAHI NAYAPALLI, BHUBANESWAR-751 012.
62.
DR.DAGGULA NARASIMHA REDDY FIE, CHAIRMAN, RECRUITMENT AND ASSESSMENT CENTRE MINISTRY OF DEFENCE, GOVT. OF INDIA, LUCKNOW ROAD, TIMARPUR, DELHI-110 0054 63.
DR.K.HEMACHANDRA REDDY FIE, 402, COMFORT ELITE APARTMENT 80 FEET ROAD, RAMNAGAR, ANANTAPUR-515 001.
64.
SHRI SHIVANAND ROY FIE, 2E, SATYAM APARTMENT OPP. ASHOK NAGAR ROAD NO.3, CENTRAL ASHOKA EXTENSION RANCHI-834002, JHARKHAND.
65.
SHRI SUBHASH CHANDRA RUDRA FIE, C-15/9, CLUSTER A ECTP PHASE IV, E.M.BYPASS, KOLKATA-700107.
66.
SHRI A.S.SATISH FIE, 955/2, DEEWANS ROAD LAKSHMIPURAM, MYSORE-570 004.
67.
SHRI ASHWANI KUMAR SAXENA FIE, CHAIRMAN, SEAC 170C, ROAD NO.4, ASHOK NAGAR RANCHI-834 002.
68.
DR.M.SELOT FIE, 50/4, NEHRU NAGAR (WEST) BHILAI-490 020.
69.
PROF. RAMESH HARILAL SHAH FIE, KAPI-HARI, 9 SUSHIL NAGAR NIZHAMPURA, VADODARA-390 002.
70.
PROF. (DR) R.K.SHEVGAONKAR FIE, INDIAN INSTITUTE OF TECHNOLOGY, DELHI HAUZ KHAS, NEW DELHI-110 016.
71.
DR.ARUN KUMAR SHRIVASTAVA FIE, GENERAL MANAGER - CUM- CHIEF ENGINEER BARANUI THERMAL POWER STATION, DIST. BEGUSARAI (BIHAR) 851 116.
72.
SHRI JAGROOP SINGH FIE, 214, SECTOR-16A CHANDIGARH 141 001.
73.
SHRI NARENDRA SINGH FIE, C-101, ALAKNANDA APARTMENT 51-B, RAJPUR ROAD, DEHRADUN-248 001.
74.
SHRI JAGDISH CHAND SINGHAL FIE, B-188, EAST OF KAILASH SECOND FLOOR, NEW DELHI-110 065.
75.
SHRI G.SREEKANTHA FIE, NO.C-55, KPWD QUARTERS 3RD CROSS, VASANTHNAGAR, BANGALORE-560 052.
76.
SHRI G.SUDHAKAR FIE, HOUSE NO.8-3-228/331, RAHAMATHNAGAR YOUSUFGUDA, HYDERABAD-560 045.
77.
DR.RUPINDER P.S. SUKERCHAKIA FIE, NO.2, SUNIL PARK OPP. WEST END MALL, P.O.RAJGURU NAGAR LUDHIANA-141 012.
78.
SHRI PRABODH NARAYAN TANDON FIE, FLAT NO.A-1202, PLOT NO.A, B, E & F, CONCEPT UNNATHI, SECTOR 21, KHARGHAR, NAVI MUMBAI-400 210, MAHARASHTRA.
79.
SHRI HEMANT OMKARRAO THAKARE FIE, PLOT NO.272-A, LAXMINAGAR NAGPUR-440 022.
80.
SHRI B.N.THYAGARAJA FIE, NO.17, SANKEY ROAD KUMARA PARK (WEST) BANGALORE-560 020.
81.
SHRI L.N.TIWARI FIE, OPP NAVIN MARKET, G.E.ROAD PHOOL CHOWK, RAIPUR-492 001, CHHATTISGARH.
82.
DR.T.H.UDAYASHANKARA FIE, 9TH CROSS, VIJAYANAGARA 1ST STAGE, MYSORE-570 017.
83.
SHRI J.UMASANKAR MIE, KAUSTUBHAM, TC 30/420-1 ANNYARA P.O., TRIVADNRUM-695 029.
84.
PADMA SHRI PROF.R.M.VASAGAM FIE, NO.297, MADHURA 4TH MAIN, ISRO LAYOUT, BANGALORE-560 078.
85.
SHRI SANDEEP B VASAVA, MIE CHIEF ENGINEER (P) & ADDL. SECRETARY ROADS AND BUILDINGS DEPARTMENT 3RD FLOOR, BLOCK NO.14, NEW SACHIVALAYA GANDHINAGAR-382 010.
86.
SHRI NAVINCHANDRA B VASOYA FIE, LVJ PROJECTS PVT. LTD, OFFICE NOS. 1 & 2, FIRST FLOOR SHRIKRISHNA CENTRE, MITHAKHALI SIX ROADS, NAVRANGPURA, AHMEDABAD-380 009.
87.
DR.KAMBAGOWNI VENKATASUBBAIAH FIE, PROFESSOR, DEPT. OF MECHANICAL ENGINEERING ANDHRA UNIVERSITY, VISAKHAPATNAM-530 003.
88.
SHRI V.VIJAYAKUMAR FIE, JYOTHIS, TC 31/1045 (1) AVRA 12 H PETTAH P.O., THIRUVANANTHAPURAM, KERALA PIN-695 024.
89.
SHRI S.R.VIJAYAMOHANAKUMAR FIE, NO.B-5, PRS TULIPS PANAVILA JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM KERALA, PIN-695 014.
R2 BY ADV.V.V.ASOKAN (SR) BY SRI.K.I.MAYANKUTTY MATHER BY SRI.SUNIL SHANKER R52 BY SRI.S.SREEKUMAR (SR.) R34, R58, R75, R80 & R84 BY SRI.P.B.KRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jg-30/12
THOTTATHIL B.RADHAKRISHNAN & ANIL K.NARENDRAN, JJ.
.................................................................... W.A.No.2752 of 2015 .................................................................... Dated this the 20th day of December, 2015.
J U D G M E N T
Thottathil B.Radhakrishnan, J.
1.This appeal is against an interim order passed in the course of a writ petition challenging the election to the post of the President of the Institution of Engineers (India) Ltd.
2.The writ petition was filed by one voter, who was also a candidate. The writ petition was filed on 09.12.2015. The learned single Judge issued an order on 11.12.2015 appointing Advocate Commissioner to take custody of the ballot papers in respect of the election. The ballot papers were brought to the court and the impugned interim order is issued on 18.12.2015. The successful candidate, namely the second respondent in the writ petition, is to assume office as the President, today. Hence, the challenge to the interim order issued by the learned single Judge on Friday, 18.12.2015, was ordered to be placed in Chambers today, in
-2terms of the directions of the Honourable the Chief Justice. 3.We have heard the learned Senior counsel appearing for the appellant, the learned Senior counsel appearing for the second respondent, the learned Senior counsel and other advocates appearing for those among the respondents, who support the writ petitioner/appellant.
4.The learned single Judge noted that the number of votes claimed to have been polled in favour of the second respondent, the elected candidate, is 44, of them 39 votes are valid. Five ballot papers appear to carry two tick marks; that is to say, tick marks as against the names of two candidates. The learned single Judge noted that those five votes were also treated as valid votes and the second respondent was declared as elected. It was further noted by the learned single Judge that, at this juncture, it would not be possible for the Court to hold that those five votes are invalid as it has to be found out how these five votes were put
-3with two tick marks in the ballot papers, and that such question requires a probe. The learned single Judge also noted the plea of the writ petitioner that three of the candidates were ineligible. In considering as to whether the Division Bench has to interfere with the order of the learned single Judge, it needs to be noted that the election was notified on 24.07.2015. Voting was on 26.09.2015. On that day itself, the votes were counted and the result was declared. This means that all the candidates and the persons, who had voted, have necessarily to be taken to have been aware of the fact that the second respondent was declared duly elected on 26.09.2015. As already noted, the writ petition was filed on 09.12.2015. We may here note that the byelaws and regulations provide for a complaint within 15 days by any person who is aggrieved by the result of the election. In such an event, a Tribunal could be constituted as an inhouse measure to resolve the election dispute. No such complaint was made, when the writ petition was filed. The question of five ballot papers carrying two
-4tick marks each were noted only when those ballot papers reached this Court. Therefore, the learned single Judge cannot be found fault with for noticing that the second respondent has been elected as the President, also taking into account those five votes and that at this juncture, this Court cannot hold these five votes as invalid, since that issue needs a probe. While we say this, we record the submission on behalf of the appellant that the probe, that is required, is not as to whether how the five ballot papers carry two tick marks, but the question would be as to whether those votes are invalid. This being the state of affairs, the fact remains that out of the 84 persons who voted, the second respondent had to get 43 votes to be declared elected.
On the whole, he had 44 votes, taking into account the five votes, the ballot papers of which may create doubt owing to the double tick marks. But, that is an issue which can be decided only on adjudication and not through an interlocutory measure, that too in writ jurisdiction. We, therefore, do not find our way to interfere with the impugned order. The appeal, therefore, fails.
-5is, accordingly, dismissed. We reiterate that the learned single Judge has clarified that the assumption of office by the second respondent as the President would be subject to the result of the writ petition.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (ANIL K.NARENDRAN, JUDGE) jg-21/12