1. Mr.
Kaivan K. Patel, learned advocate is present for Mr. M.K. Shelat, learned advocate for the petitioner.
2. Though it is true that today, Mr.Shelat, learned advocate for the petitioner has filed sick note, so far as the submissions in the petition are concerned, the parties had urged their submission on earlier occasion and particularly on 5.10.2012 when the learned advocate for the Indian Red Cross Society placed on record communication dated 5.9.2012.
3. In light of the said order, learned advocate Mr.Shelat had requested and submitted that short adjournment may be granted so that he may ionform the petitioner about said communication dated 5.9.2012.
4. In view of such submission and request, proceedings were adjourned to today for the said limited purpose.
5. Therefore, though Mr.Shelat has filed sick note, the matter is taken up for order in presence of Mr.Kaivan K. Patel, learned advocate, who is present on behalf of Mr.Shelat, learned advocate for the petitioner.
6. In present petition, the petitioner has prayed that:
"A. The Honourable Court be pleased to direct the Respondent No.1 to hold an enquiry into the affairs of the Respondent No.3 and to initiate appropriate proceedings against the erring members.
B. The Honourable Court be pleased to declare the communication dated 08.04.2010 issued by the Respondent No.2 permitting the district branches to substitute their member as a president in place of the District Magistrate as illegal and be pleased to issue a writ of mandamus or an appropriate writ oder or direction in the nature of mandamus and be pleased to quash and set aside the same.
C. The Honourable Court be pleased to issue a writ of mandamus or any other writ, order or direction, directing the Respondent no.3 to ensure the implementation of the Rules for State/UT/District Branches of the Indian Red Cross Society published on 02.09.2009 in the State of Gujarat."
7. The communication dated 8.4.2011 issued by respondent No.2 is brought under challenge by the petitioner.
8. The said communication dated 8.4.2011 reads thus:
"As you are aware, the State Branch Managing Committee at its meeting on 19th Mach 2010, held under the President ship of H.E. the Governor of Gujarat, has unanimously adopted the Uniform Rules and also decided to implement the same at the earliest possible at State/District/Taluka level.
You are requested to call an Annual General Meeting of your branch before the end of April, and proceed for the implementation of Uniform rules.
A resolution as per attached "Specimen" may please be passed at the said meeting and forwarded to State Branch office. As regards point at serial No.3 of the specimen resolution, option is there for each branch committee to have the District Magistrate/District Collector as the President or to seek permission of the State Branch for appointing a suitable person from amongst its members as President."
"Resolution This A.G.M. Of Dist. Branch of Indian Red Cross Society resolves as under.
1. The Uniform Rules, as framed vide G.R. Dt. 19th August 2009, are hereby adopted.
2. The governing body of the Branch for effective from 1st April 2010 is resolved to be constituted at this meeting.
3. The members request the Managing committee of Gujarat State Branch, to kindly permit Dist. Branch to have the office of the President from amongst its Members in place of the Hon'ble District Magistrate. The members are of the view that the District Magistrate, being a very busy official and looking to his multi dimensional Duties, he will not be in a position to provide guidance and help to the organisation in its activities. The role of the President as the head of the Branch is a very useful one and therefore we request permission to appoint a suitable person from amongst the members, in place of the Dist. Magistrate in terms of cl. G (f) of Uniform Rules of page 12."
The petitioner actually felt aggrieved by the paragraph 3 of the resolution annexed to the said communication dated 8.4.2011.
9. Now, the learned counsel for the respondent Indian Red Cross Society has placed instructions / directions dated 5.9.2012 which is signed and issued by Chairman, Indian Red Cross Society, Gujarat State Branch. The respondent society has, vide said instructions/directions, instructed all Red Cross District Branches in Gujarat, inter-alia, that:
"Urgent Attention Requested UNI/RLS/260 Date:-05/09/2012 To, All Red Cross District Branches in Gujarat Sub: Regarding provisions in the uniform rules for the post of President.
Dear Sir, This has further reference to the office letter No: UNI/RLS/54 dated 8th April, 2010 with which a specimen copy of the resolution to be passed at the Annual General Meeting of District branches had been circulated. Through this letter, I wish to clarify that as per chapter-VI clause No.2, the Deputy Commissioner of the District o the District Magistrate shall be the President of District Red Cross Branch.
Therefore, all District Branches have to approach the Deputy Commissioner or District Magistrate of their District & request to accept the President ship.
In case the official concerned express inability to accept the President ship, then only, State Branch committee may appoint another suitable person as President of a District Branch in place of DM/DC with the reasons to be recorded for such replacement with the previous approval of the State Branch
- (ref. Chapter-III, clause G, (f) of Uniform Rules).
All District Branches are therefore hereby directed to take note of the above quoted clauses in the Uniform Rules & initiate needy action in the matter. Even those branches which already have elected/selected their President shall have to approach their District Magistrate/District Collector/District Commissioner for accepting the President ship of the District Branch.
This is to remind you that immediately on receipt of Uniform Rules from NHQ office in September 2009; we had directed all the branches in the state to implement the same immediately.
I seek your kind cooperation in strictly adhering to the provisions of Uniform rules which is mandatory for all Red Cross Branches in the Country."
10. Having regard to the contents of the said communication dated 5.9.2012 vis-a-vis paragraph 3 of the resolution annexed to the impugned communication dated 8.4.2010, it appears that the grievance of the petitioner is addressed and resolved and the effect of the contents of paragraph 3 of the resolution is nullified vide the said instructions/directions dated 5.9.2012. The need and/or occasion to set aside the communication now does not survive.
11. Thus, in view of the said instructions / directions, the cause of the petition and the grievance raised by the petitioner now do not survive.
12. So far as the relief prayed for in para (C) is concerned, it is pertinent that considering the nature and scope of the relief prayed for vis-a-vis the scope of the petition and the details mentioned in the petition, anything more than an observation that if and when any actual breach of any statutory provision is made, then the concerned affected person can take out appropriate proceedings before appropriate forum, cannot be made in this petition at this stage, and that too, on petitioner's assumption and apprehension that in future, the respondent society may not act in accordance with applicable rules. On such assumption and apprehension, any relief or observation or direction cannot be made at this stage.
13. Accordingly, the petition is disposed of in light of the said instructions/directions dated 5.9.2012 which, in view of the provisions under the constitution of the respondent society, is binding to all Red Cross District Branches in Gujarat.
14. Obviously, therefore, all Red Cross Branches in Gujarat will act as per and abide by the instructions/directions contained in the said circular dated 5.9.2012.
15. Therefore also, the cause for the petition and the grievance of the petitioner now do not survive. Consequently, the petition is accordingly disposed of.
(K.M.
Thaker, J.) Bharat*