Can I get a stay against some EC members who violated ethics, from contesting??

Question

Dear legal luminaries

Advice only as per Indian law:

One of the Society President indulged in violation of bye-laws blatantly. But he is being supported by 9 out of 22 EC members who are his friends and own relatives.

I have the the proof on three occasions, for violation of bye laws by the President and same being supported by his men.

My intention is to break the monopoly, blatant violation of bye laws, fiefdom and autocracy just bcos of having own people as members and also in the EC (executive committee), by moving the court to get a stay against the President and his coterie from contesting the forth coming election. Do i have sufficient grounds to take up this fight??

Only legally qualified persons answer pls-- as I do want directions to proceed with it accordingly. Others can advice if consulted w/advocate. This is not a Q for askng sake but an incident in real life.

I will take up the case in Chennai.

Thanks in adv for the persons who are going to guide me.

ADDENDUM: Pls note there is no bye law of the society preventing anyone from contesting nor any provisions. Simply said -- any member can contest.

I am only wanting to seeking justice by invoking general law of justice or seek justice as aggrieved party or as the one who is seeking judicial intervention for the lacuna in the bye laws and to stop the arm twisting.

Answer 1

Hello Captain How Are You? Now coming to your question regarding getting temporary/perpetual stay in this matter against this President & his supporter from contesting in the forth coming EC election is concerned, what has to been seen are the rules & regulations, byelaws, terms & conditions as provided in the Memorandum of this Society. What are the qualifications & disqualifications with regards to the candidates who are to contest this election as provided in the memorandum of this society? Does indulging in any illegal or unethical act as the case may be disqualify the candidature of any contestant? Does violation of any bye law or rule enacted by the local government that concerns/relates to this society disqualifies any candidature of any contestant? Unless the details of all these are checked from the available rules & regulations, byelaws, memorandum of the society , approaching the civil court for getting any sort of stay will be futile exercise. No doubt when you go & file this petition for perpetual stays/ injunction & move an application for temporary stay/injunction, the said civil court will stay the further proceedings of this society with regards to election as it orders for notice to the other parties to such suit, but this temporary stay will be contested on the very first day of their appearance in the court & would show to the court all the relevant rules& regulations/bylaws/memorandum of the society where no infringement took place & such temporary stay should not be granted in this case. Even if this issue is not decided immediately by the civil court, as granting perpetual stay/injunction in matter may take long time, even years. In such a case the EC members who are already enjoying their post will continue to do so as, the temporary stay granted in your favor will mean, status quo in the whole matter. As far the issue of fresh election is concerned, they will definitely request the learned civil judge to maintain a stay on the fresh election too & till then status quo should be maintained. This means they have won this case unofficially & will enjoy all their misdeeds till the final order comes in this case & that you know may take years, how many ? Anyone’s guess. Sorry Sir I’m not a professional lawyer who can misguide any one by showing nice, beautiful, ultramodern castles as our learned well-known lawyers do, I know how actually things operate in Indian Courts, specially the civil courts. You say there is no bye law preventing any member to contest the election on any ground & seek justice as an aggrieved person, the court will ask you this very pertinent question, how you are aggrieved by their contesting election of EC ? You say about general law of justice, what all you mean by that? They are member of the society & contesting the election being a member of the society, unless they indulge in any activity that is detrimental in the interest of this society their membership cannot be challenged, even otherwise they become member of this society because they had purchased a flat in the society & they have every legal right to be a member of this society, if they don't contest on any moral grounds its upto them, neither any other member or court has any right stopping them in doing so. Find out some concrete matter that will show their conduct as illegal & make them culpable & punishable in the eye of law for which a judicial judgment was pronounced that was against their character & would have bad effect on the working of this society as they are its EC members. If such case is brought up before any court then you can argue it from the general law of justice point of view, not otherwise. When you say judicial intervention for the lacuna in the bye laws, the court will just tell you to approach the legislature to remove this lacuna as it’s their job not the courts which are supposed to adjudicate the issue brought before them. The court can only declare any enactment as illegal or unconstitutional if such enactment infringes any constitutional provision or it is against the well settled principle of natural justice. In this case neither is being infringed. As far bringing any changes in the byelaw is concerned whereby new additions with regard to election to any EC post is concerned it’s a matter which the local government has to bring about not the courts as it’s not their jurisdiction. Sorry Sir, I have broken your heart by telling you all this but unfortunately your case is very weak for any judicial adjudication. We can still continue our arguments on this issue if you try to convince by bringing more issues you can think about to make this case fit for any judicial adjudication.

Answer 2

your case is very weak as you are already in the judgement seat. fight if you can and have the surplus resources against Mr Chawla, the EC who will preside over such litigations by the dozens .

Answer 3

Consult an advocate immediately...try this site http://www.advocatekhoj.com/