MP HC | Petition against order of office bearer of society cannot be filed in case if alternate remedy available

Madhya Pradesh High Court: This petition was filed before a Bench of Subodh Abhyankar, J., under Article 226 of the Constitution of India against the order passed by Election Officer, Barkatullah Vishwavidyalaya (Gair Shikshak) Karamchari Sangh, whereby an amended election notification for the election of Employees’ Union was published.

Facts of the case were that prior to the aforementioned notification there was another notification issued by respondent on the basis of which petitioners had submitted their form for post of Vice President and President respectively, where the only petitioner remained as contesting candidate and accordingly he should have been elected but the process was stayed by respondent as a result of State assembly elections. After this amended notification was released canceling the earlier election program. Thus, this amended notification was challenged before this Court by petitioner. Respondent University contended that matter relates to the election of Madhya Pradesh Society Registrikaran Adhiniyam, 1973 and petition against the order passed by office-bearer of the society is not maintainable due to the fact that another remedy was available with the petitioner under the said Adhiniyam.

High Court was of the view that respondent was right in stating that the petitioner could not have filed a case against the respondent as there were alternate remedies available with him. Therefore, this petition was dismissed. [Mohd. Layeek v. Election Officer, 2019 SCC OnLine MP 3, dated 02-01-2019]

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