Youth Hostel Association of India v. Youth Hostel Association of India, Haryana State Branch
Delhi High Court·19 May 2021·2021:DHC:1637
Asha Menon
CM (M) 837/2018
2021:DHC:1637
civilpetition_dismissedSignificant
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The Delhi High Court directed Court-supervised elections for YHAI Haryana Branch, dismissed intervention applications as infructuous post-elections, and emphasized resolving internal disputes through independent election supervision.
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CM (M) 837/2018 HIGH COURT OF DELHI Date of Decision: 19th May, 2021
CM (M) 837/2018 & 14842/2021 YOUTH HOSTEL ASSOCIATION OF INDIA & ORS.....Petitioners Through: Mr.Thakur Sumit, Advocate
VERSUS
YOUTH HOSTEL ASSOCIATION OF INDIA, HARYANA STATE BRANCH & ANR .....Respondents Through: Mr.Adab Singh Kapoor and Mr.Sameer Choudhary, Advocates Mr.Rajesh Kumar, Advocate for applicant in CM Appl. 14842/2021
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
[VIA VIDEO CONFERENCING]
CM (M) 837/2018, CM APPLNs.21908/2020 (by the applicant/interveners u/S 151 CPC for intervention), 21921/2020 (by the applicants/interveners u/S 151 CPC for recall of order dated 08.01.2020, 04.02.2020 & 18.02.2020), & 14842/2021 (by the applicant/intervener u/S 151 CPC for intervention)
CM APPL. 14842/2021 (by the applicant/intervener u/S 151 CPC for intervention)
1. This application has been moved by Shri Ramesh Chaudhary, who had filed his nomination as a candidate for contesting the elections to the 2021:DHC:1637 YHAI (Youth Hostels Association of India), Haryana, Faridabad Unit, seeking intervention in CM (M) 837/2018.
2. Shri Rajesh Kumar, learned counsel for the applicant submits that on scrutiny of the list of contesting candidates, it was noticed that one Mr. Tariq Badar contesting for the post of President, was not a resident of Faridabad and despite raising such an objection before the Election Officer, the same was not taken note of. The applicant had also questioned the conduct of the elections, allegedly at a hotel, during the Covid pandemic.
3. Learned counsel for the petitioner, Mr. Thakur Sumit and the learned counsel for the respondents Mr. Adab Singh Kapoor state that the election had already been conducted on 11th April, 2021. It may be noted that the instant application was filed on 7th April, 2021. Their submission is that the application is now infructuous.
4. Learned counsel for the applicant concedes that new office bearers have been elected and Mr. Tariq Badar is not one of them. In view of these circumstances, this application is dismissed, as the pleas raised are now infructuous.
5. Vide order dated 8th January, 2020, the petition challenging the interim order of the Civil Judge (Trial Court ) and the order of the Senior Civil Judge (Appellate Court) against the orders passed under Order XXXIX Rule 1 and 2 CPC in a suit filed by the Haryana State Branch of Youth Hostels Association of India through its member Maninder Singh Narang and the Youth Hostels Association of India, Central Body and its office bearers, was disposed of with the following directions:
“11. Insofar as the observations given by both the Trial Court and Appellate Court in the impugned orders dated 1st November, 2017 and 1st December, 2017 respectively, the same are prima facie in nature and would not have any bearing on the final adjudication of the suit. 12. The issues arising in the suit would be heard and adjudicated independent of the observations made in the orders passed in the applications for interim relief including the present order. This Court has not gone into the legality and validity of the Ad-Hoc Committee which has been allegedly appointed for running the YHAI Haryana. 13. In the facts of the present case, the Trial Court is directed to get the elections of YHAI Haryana conducted through independent supervision by an independent election officer in order to ensure that the current impasse does not continue. The parties shall appear before the Trial Court which shall fix a schedule for elections of the YHAI Haryana. The Plaintiffs and any other persons who are members of the said YHAI Haryana Branch, shall be permitted to contest in the elections, after the electoral roll is duly drawn up by the Election Officer to be appointed. Endeavour shall be made by the Trial Court to fix the schedule for the election, so that the elections shall be concluded within a period of 6 months from today. 14. With these observations, the petition and all pending applications are disposed of.”
6. Thereafter, an application bearing CM APPL. 4546/2020 seeking clarification of the order dated 8th January, 2020 was filed by the respondents, which was disposed of vide order dated 4th February, 2020 with the following directions:
“4. Further to the order dated 8th January, 2020,
and owing to the deep rift between the competing
stakeholders, the following directions are issued:
i) Justice Vinod Goel (Retd.,) (M:9910384637) is appointed as an Election Officer for conducting the election of the YHAI, Haryana Branch. The Election Officer shall supervise and monitor the conduct of elections including drawing up of the electoral roll, issuance of election notices, acceptance of nominations, fixing date of polling, announcement of results and all other activities relating to the elections to the YHAI, Haryana Branch. ii) The said elections to the YHAI, Haryana Branch shall be conducted after the elections to the 9 State Units are conducted. The elections to the State Units shall also be conducted under the direct supervision of the Election Officer. For the said purpose if the Election Officer wishes to appoint someone to assist him, he is permitted to do so. iii) All notices for the elections of the various units shall be issued under the signatures of the Election Officer. The schedule shall be placed by the Election Officer before the Trial Court and shall be approved after hearing the parties; iv) Post the elections to the various State Units being conducted, elections for the YHAI, Haryana Branch, shall also be conducted as per the schedule fixed by the Election Officer;
v) The Election Officer is permitted to appear before the Trial Court for any further directions in this matter, which shall be passed after hearing the parties concerned; vi) An endeavour shall now be made to conclude the elections both for the State units and the YHAI, Haryana Branch on or before 31st July, 2020. All notifications and circulars shall now be issued by the Election Officer. None of the parties will interfere in the election process. vii) After the conclusion of the elections, the Election Officer shall place a report before the Trial Court. After perusal of the same, the Trial Court shall pass appropriate directions in the matter.”
7. However, on the request of Justice Vinod Goel (Retd.), he was discharged as Election Officer and Shri Kuldeep Singh (Retd. ADJ) was appointed as the Election Officer in his place vide orders dated 18th February, 2020.
8. Subsequently, two CM applications were filed.
CM APPL 21908/2020 was moved on behalf of Ladwa Unit, Sirsa Unit and Rohtak Unit of Youth Hostels Association of India (YHAI) seeking impleadment in the CM(M) 837/2018, while CM APPL 21921/2020 was moved by these Units, seeking recall of the orders dated 8th January, 2020, 4th February, 2020 and 18th February, 2020. These were heard alongwith a contempt petition bearing number Cont. Cas (C) 497/2020 on 10th November, 2020 and the following common order was passed:
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“6. After hearing ld. counsels for the parties including Mr. Thakur, for the YHAI National Body and the ad-hoc committee, Mr. Kapoor for the ex- Secretary - Mr. Narang and Mr. Praveen Sharma for the Intervenors/State Units, it is clear that the only manner in which the issues between the parties would
be resolved and the body would function smoothly is by allowing the elections to be conducted.
7. The parties amongst themselves have so much acrimony that without the intervention of the Election Officer, this Court does not believe that the election can be conducted in a smooth, fair and transparent manner. Insofar as the submission of the Intervenors is concerned, this Court is of the opinion that YHAI, Haryana State Branch is a party to the suit. The constituents of YHAI, Haryana Branch are the State Units. In the elections to the YHAI, Haryana Branch, the participants are the State Units and if the State units are not duly constituted in accordance with law, the election to the YHAI, Haryana Branch cannot be conducted.
8. Thus, in order to obviate any further mismanagement and maladministration as well as allegations and counter allegations inter-se the parties, the election order ought to be implemented in letter and spirit. Accordingly, the following directions are issued:i) The FDR of Rs. 3.[5] lakhs receipt which belongs to YHAI, Haryana, is lying with Mr. Maninder Singh Narang shall be encashed and the said amount shall be deposit in favour of the week. The said amount shall be retained in the bank account of the Registrar General of this Court. ii) The Election Officer Mr. Kuldip Singh, (Retd) ADJ, (M: 9868237722) shall conduct the election for 9 State Units on or before 15th January, 2021.The schedule will be fixed by the Election Officer. iii) Upon the conclusion of the election of the 9 State Units, the election for the YHAI, Haryana Branch shall be held on or before 15th March, 2021. iv) In order to ensure that the Election Officer takes charge of the elections, all the three counsels appearing before this Court are directed to appear before the Election Officer on 10th December, 2020 at 2.30pm. The Election Officer can call the meeting at a venue of his suitability or through an online platform. v) On the said date i.e. on 10th December, 2020, the YHAI National Body shall pay a sum of Rs. 1.[5] lakh to the Election Officer. The simultaneously transmit a sum of Rs.1.[5] lakhs to the Election Officer. The remaining amount of Rs. 2 lakhs shall be payable after the conclusion of the elections.
9. All parties shall co-operate in the conduct of the elections of the State Units as also the YHAI, Haryana Branch.”
9. On 5th January, 2021, on CM APPL 145/2021 being moved, the Election Officer Mr. Kuldeep Singh, ADJ (Retd.) was discharged for health reasons and Shri H.S. Sharma, District Judge (Retd.) was appointed in his place. The time schedule for the conduct of elections for the nine State Units was also fixed as on or before 31st March, 2021, after which the election for YHAI Haryana Branch was to be held on or before 31st May, 2021. On the submissions of the learned Election Observer/the Election Officer, that the schedule for the elections to the eight units of the Haryana State Branch would get over only on 18th April, 2021, this Court modified vide order dated 29th January, 2021, the schedule for conducting of the election for Haryana State Branch and extended the time till 15th August, 2021.
10. It is now informed that elections to all the Units in Haryana have been completed and only the election for the Haryana State Branch is to be completed and therefore, learned counsel for the petitioner prays that the petition be kept pending till after that date.
11. It is clear from the various orders noticed herinabove, that the initial petition against the interim orders of the „Trial Court‟ and the „Appellate Court‟ stood disposed off on 8th January, 2020 and the said order alongwith the subsequent orders appointing Election Officers were not recalled, as is evident from the order dated 10th November, 2020. Those orders have also been complied with except to the extent the election to the Haryana State Branch remains. As such, nothing further survives in this matter.
12. However, in order to facilitate the Election Officer to submit a report of completion of proceedings, the case is fixed on 9th September, 2021 before this Court.
13. Any future grievance relating to the matter may be dealt with by the learned Trial Court in accordance with law.
14. List on 9th September, 2021.
15. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. ASHA MENON, J MAY 19, 2021
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