CA-3 Do you know that Courts have power to straighten out election malpractices going on in any Society or Association or Federation or Council, even if they may be calling themselves private?
A million institutes and associations, like chambers of commerce, welfare associations, community associations, Bar Associations etc are conducting elections to elect their Presidents, Secretary etc.
Often malpractices are seen in memberships, voting rights, vote counting procedures, preparation of voter lists,last minute inclusion of bogus voters etc.
Do courts have power to inquire and straighten out things if such a body says that it is "private body" and Courts have no power to interfere in their voter lists, voter criteria or the way they are holding election in closed door manner?
The issue was hotly debated in Supreme Court in a case where Elections were conducted in Supreme Court Bar Association in not a proper way.
Ultimately, a Bench headed by Justice J.M.Panchal held that The Courts have jurisdiction and then passed time bound orders to straighten out criteria for voter lists and to weed out bogus voters.
This is a model judgement. If you are member of any association, society, federation and you suspect malpractices, you can go to Courts. You can issue notice in Newspaper so that other similarly interested people can join you in filing a representative suit in lower court or a PIL in High Court.
- Haresh Raichura -23/9/2016
