A local court has stayed the election of the PGI Safai Karamchari Union scheduled for November 14. The court has stayed the election on the petition filed by Sunil Kumar, president of the union, through advocate Sahil Singla in which he challenged the constitution of the electoral committee and resolution for holding the election.
Counsel for the union said that it was a registered trade union under the Trade Union Act, 1926, and Sunil Kumar was the president. As per clause VII of the constitution, the election of the office-bearers and executive members shall take place annually through secret ballot. The general body should be informed 15 days in advance by the general secretary. However, some persons claiming to be authorised office-bearers of the election committee of the union passed the resolution dated November 10 to conduct election on November 14 in violation of the constitution of the union.
After hearing the counsel, the court said that the union was a registered one and governed by its constitution. It further said that there was gross violation of Clause VII of the constitution of the trade union, which specifically mandates that election must be notified to the general body at least 15 days in advance. In the resolution dated November 10, election are to be held on November 14, meaning thereby 15 days period has not been adhered to by the defendants.
The court said that if the defendants were not restrained from holding the election, irreparable loss would be caused to the plaintiff. Further, if the defendants are not restrained from conducting the election, then the very purpose of filing of the present suit would be defeated. Accordingly, the defendants are restrained from conducting election till further orders.
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