Court allows Chandigarh Mgmt Assn poll, restrains it from declaring result

Ramkrishan Upadhyay

Chandigarh, June 29

A local court has restrained the Chandigarh Management Association from declaring the result of the election of the association scheduled to be held on June 30. The order has been passed by the court on a civil suit filed by a member of the association, Davinder Sodhi, through counsel Ritesh Aggarwal.

Rules changed arbitrarily

The counsel for the complainant said the copy of the revised memorandum and constitution was provided just on the eve of elections. He alleged that rules had been arbitrarily changed, whereby the position of president and vice-president stood decided, not subject to election. Even the result of the previous election was not notified by the returning officer.

Sodhi has challenged the election on the ground that it is being held in complete violation of the memorandum and constitution of the association. He prayed before the court to grant interim stay on the election.

He alleged before the court that the constitution of the association had been amended, but the same had neither been circulated, nor provided to members.

His counsel said the copy of the revised memorandum and constitution was provided just on the eve of elections. He alleged that rules had been arbitrarily changed, whereby the position of president and vice-president stood decided, not subject to election. Even the result of the previous election was not notified by the returning officer.

On the other hand, Sukhwinder Singh Uppal, president of the association, while appearing before the court denied the allegations.

While submitting a copy of the constitution of the association and other documents, he claimed that the election was being held as per the constitution, which had been approved at the annual general meeting (AGM) by more than 2/3 majority of members. He said the plaintiff was himself contesting the election.

After hearing of arguments Abhimanyu Rajput, Civil Judge (Junior Division) allowed holding of the election but restrained the association from declaring the result.

The court said whether the defendants had followed rules under the applicable bylaw in conducting the proposed elections could not be decided at this early stage of the suit as reasonable time had to be given to the defendants to file a written statement.

The court said in view of this the defendants might hold the proposed elections as per schedule on June 30, however, the results would not be declared until adjudication of the interim application or till further orders. It is further directed that the present office-bearers of the association shall continue in the office till further directions.

The Chandigarh Management Association (CMA) was created in 1966 as an apex body of professional management and is affiliated to the All-India Management Association (AIMA).