HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27030 of 2014 Date: 24.09.2014 Between:
R.Maheswar Rao S/o. R.Yesu, Aged 52 years, Occu: Telecom Mechanic, O/o Sub-Divisional Engineer, TAX-II, Bharat Sanchar Nigam Limited (BSNL), C/o. Office of General Manager Compound, Chuttugunta, Vijayawada, Krishna District, Andhra Pradesh AND The Bharat Sanchar Nigam Limited ( A Govt. of India Enterprise), rep. by the Chief General Manager, A.P. Telecom Circle, Hyderabad and another .. Petitioner .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27030 of 2014 ORDER:
Petitioner is an employee of Bharat Sanchar Nigam Limited (BSNL) and is a member of SC/ST Employees Welfare Association of BSNL, Andhra Circle. The elections to elect a new Executive Body of the Association for Andhra Circle was notified and was scheduled to be held on 09.04.2014. The petitioner herein offered to contest for the post of President. Two panels were made to contest the elections to the Executive Body. One panel was headed by Mr. M.Sudheer Kumar and another by the petitioner. M r . Sudheer Kumar was disqualified to contest. There was a lot of commotion in the meeting convened for holding the elections and therefore elections could not take place and the Returning Officer declared the election process as postponed till further instructions from the authorities concerned of BSNL. There was no further progress and no decision is taken by the BSNL to continue election process already initiated or to go for fresh elections. Aggrieved by the said inaction, this writ petition is instituted.
2. Learned counsel for the petitioner submits that there were two panels. One is headed by M.Sudheer Kumar and another by petitioner herein. Sri M.Sudheer Kumar candidature was rejected on the ground that he was ineligible. Instead of declaring the petitioner panel as elected, the Returning Officer erroneously postponed the election process. Learned counsel further submits that the inaction on the part of BSNL in not conducting elections and ensuring duly constituted executive body to the Association is arbitrary and discriminatory. On account of delay in constitution of the Executive Body, the employees belonging to SC/ST working in Andhra Circle are deprived of proper representation before various authorities to espouse their cause. On 29th and 30th September, 2014, All India Conference of SC/ST Employees Welfare Association was scheduled to be held. Each Circle shall have representation in the conference and since no elections were held to the Andhra Circle, there would be no representation from Andhra Circle and grave prejudice would be caused to the SC/ST employees.
3. After postponing elections, BSNL requested the All India Association to give guidance to resolve the controversy. The All India Association suggested two alternatives; (1) to declare the panel headed by the petitioner herein as unanimously elected and to hold the office for a period of two years; (2) to declare the petitioner herein to act as Adhoc Circle Body for a period of six months and further steps be taken to settle the dispute as per Byelaws.
4. Learned Standing Counsel representing BSNL submits that both proposals are not acceptable since the proposals are not in accordance with the Byelaws. The only option would be to conduct elections as early as possible.
5. The SC/ST Association cannot be without a representative body to espouse the cause of employees it represents. It would cause any amount of hardship and suffering to the employees belonging to SC/ST working in Andhra Circle. There is no representative body to ventilate their grievances. Therefore, BSNL ought to have taken expeditious steps to hold further meeting of the General Body to conduct elections. The inaction on the part of the BSNL is in-excusable.
6. Learned standing counsel submits that the peculiar situation has arisen in this case, since on 09.04.2014 the existing body was dissolved to conduct elections. As of now there is no existing body. The doubt expressed by the BSNL is that if there is no existing body, is it permissible to conduct elections. The extraordinary circumstances require an extraordinary mechanism to resolve the issue. More so, when Bye-laws are silent. The fact remains that as no elections are held and earlier executive body was dissolved, there is no representative for the SC/ST Employees Welfare Association, Andhra Circle as of now and this cannot be continued on the mere apprehension that any decision taken might invite litigation. Once Returning Officer is appointed and earlier executive body is dissolved and he was authorized to conduct elections, he is incessant until a new Executive Body is put in office. Therefore, he can conduct elections. In the larger interest of employment force of BSNL belonging to SC/ST of Andhra Circle adopting such a course is also imperative and it is necessary to take expeditious steps to resolve the issue.
7. Having regard to the facts of this case, the respondents are directed to immediately hold elections to the Andhra Circle SC/ST Employees Welfare Association (SEWA) and complete the entire election process within a period of two months.
Miscellaneous petitions if any pending in this writ petition shall stand dismissed.
JUSTICE P.NAVEEN RAO Date : 24.09.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27030 of 2014 Date: 24.09.2014 kkm