SC dismisses VHA’s Special Leave Petition

Elections to be held  as per 2005 voters’ list only

Principal Correspondent

IN A major jolt to the ruling Vidarbha Hockey Association (VHA) body, the Supreme Court has dismissed the Special Leave Petition challenging the order passed by the Nagpur Bench of Bombay High Court to hold association’s elections as per 2005 voters’ list.
Supreme Court verdict means VHA would be forced to hold its elections as per the voters’ list of 2005.
The Nagpur Bench of the Bombay High Court, on September 3, 2012, had asked the Deputy Charity Commissioner to hold VHA elections as per the voters’ list of 2005. VHA had challenged the decision and approached Supreme Court in February.
In 2005, VHA had conducted its elections after a gap of 18 years. At that time it had 316 voters (271 life members, 45 schools/colleges/affiliated units).
VHA life member DS Karunashankar, a retired district judge, had challenged VHA’s voters’ list after Deputy Charity Commissioner declared “the 2005 and 2006 elected body illegal.”
The Deputy Charity Commissioner had set aside and declared the elected body of year 2005 and 2006 as illegal as the Constitution was not amended. Karunashankar then filed an application with the Deputy Charity Commissioner requesting to hold elections as per the 1962 Constitution which states that elections should be held every year. At that time there were 271 life members and 45 affiliated units.
On 23-5-2011 Deputy Charity Commissioner appointed an election officer and ordered to conduct the trust’s (VHA) election within three months as per the 2005 voters’ list. But the Deputy Charity Commissioner modified the judgment by an impugned order dated 28-6-11 holding that members validly enrolled till the date of elections could be the voters in the said elections.
Karunashankar appealed in High Court and the division bench consisting Vasanti Naik and SP Deshmukh in their observation said that the order dated 28.6.11 was passed without hearing the parties concerned and the judgment of 23-5-11 was modified and passed behind the back of the petitioner.
“It appears that the judgment dated 23-5-11 was modified by Deputy Charity Commissioner by the impugned order dated 28-6-11 and it was held by the Deputy Charity Commissioner in the said order that the members validly enrolled till the date of the election could be the voters in the said election.
“It also appears from the order as also hearing counsel for the parties that the impugned order is passed without hearing the parties concerned and the judgment dated 23-5-2011 is modified,” the bench said in its observation while setting aside the order.
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I accept SC’s decision but
elections not that easy: Gawai
VIDARBHA Hockey Association secretary Vinod Gawai accepted the Supreme Court’s order and said he would abide by the Apex court’s judgement. “This is Supreme Court’s decision and every Indian citizen has to follow it,” said Gawai while talking to ‘The Hitavada’.
But Gawai also hinted that VHA elections, if held, would not be a smooth affair. “As per Supreme Court’s orders, Deputy Charity Commissioner has no right to declare the validity of voters. Patrons and life members who become part of VHA after 2005 are prepared to challenge this decision of Deputy Charity Commissioner in court of law.
“There are several Supreme Court decisions which states that Deputy Charity Commissioner has no power to decide number of voters of any association or trust. As far as elections are concerned I, personally, am ready for elections. I am confident of winning, be it 271 or 300 voters,” Gawai averred.