1

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 4th OF JULY, 2022

WRIT PETITION NO. 14964 of 2022

Between:-

1. NATIONAL FEDERATION OF
INSURANCE FIELD WORKER OF
INDIA THROUGH SECRETARY -
SHRI V. SHISHIR CHANDRA S/O
SHRI V. TARACHANDRA, AGED 52
YEARS, R/O LIC DIVISIONAL
OFFICE BUILDING, GWALIOR
(MADHYA PRADESH) (REGIS. NO.
ALC/KARYASAN – 17/11295)

2. WELFARE ASSOCIATION OF LIC

SC/ST BUDDHIST EMP. AND
OFFICERS THROUGH SECRETARY
SHRI DINESH KUMAR CHARI S/O
LT. SHRI MUKUND SINGH, AGE 56
YEARS, R/O LIC DIVISIONAL
OFFICE BUILDING, GWALIOR
(MADHYA PRADESH) (REGIS. NO.
S-53120).

3. GWALIOR DIVISION INSURANCE

EMPLOYEES ASSOCIATION
THROUGH PRESIDENT SHRI JAY
PRAKASHARYA S/O SHRI NAND
KISHORE ARYA, AGE 54 YEARS,
R/O LIC DIVISIONAL OFFICE
 2

BUILDING GWALIOR, MADHYA

PRADESH (REGIS. NO. 4484).

4. ALL INDIA FEDERATION OF LIC

CLASS I OFFICER'S ASSOCIATION
THROUGH SECRETARY SHRI
DINESH KUMAR SINGH S/O SHRI
M.S. PARMAR, AGE 52 YEARS, R/O
LIC DIVISIONAL OFFICE
BUILDING, GWALIOR (MADHYA
PRADESH)

5. LIFE INSURANCE EMPLOYEES

THROUGH PRESIDENT SHRI SHIV
SINGH RAJPOOT S/O SHRIKARAN
SINGH, AGE 52 YEARS, R/O LIC
DIVISIONAL OFFICE BUILDING,
GWALIOR, M.P. (AFFILIATED TO
ALL INDIA LIFE INSURANCE
EMPLOY. ASSO. REGIS NO.
4794/1964)

6. NATIONAL ORGANIZATION OF
INSURANCE OFFICERS THROUGH
ITS PRESIDENT SHRI VIJAY
SAXENA S/O SHRI DWARIKA
PRASHAD SAXENA, AGE 53 YEARS,
R/O LIC DIVISIONAL OFFICE
BUILDING, GWALIOR, M.P. (REGIS.
NO. NGP/4959)

….....PETITIONERS

(BY SHRI VIKAS SAMADHIYA – ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH

THROUGH ITS CHIEF SECRETARY
 3

MANTRALAYA, VALLAB BHAWAN

BHOPAL (MADHYA PRADESH)

2. MADHYA PRADESH STATE

ELECTION COMMISSION
NIRVACHAN BHAVAN, 58 ARERA
HILLS, BHOPAL 462011

3. COLLECTOR AND DISTT.

ELECTION OFFICER, GWALIOR

….....RESPONDENTS

(SHRI A.K. NIRANKARI – GOVERNMENT ADVOCATE FOR

STATE)
----------------------------------------------------------------------------------------
This petition coming on for hearing this day, the Court passed the
following:
ORDER
Heard on I.A. No.5043/2022. This is an application for amendment
in the paragraph 5.3 of the writ petition.
For the reasons mentioned in the application, the same is allowed.
Let the amendment be carried out within three working days.
This petition under Article 226 of the Constitution of India has
been filed seeking following relief:-
“1. That, the respondent may kindly be directed
to set aside the order dated 07/06/2022 (Annexure P-1)
in the light of letter No.F-39-5/2004/three/1993 dated
29/12/2004 of Secretary Madhya Pradesh State Election
Commission as well as the provision contained under
Rule 17 of Nagar Palika Nirvachan Niyam, 1994 and
other relevant provisions.
2. That, any other relief which this court may
deem fit in the interest of justice along with the costs of
 4

the writ petition.”

Voting of first phase of elections for Municipality / Municipal
Corporation is to take place on 06.07.2022. By the impugned order dated
07.06.2022, the employee of the association petitioners were directed to
attend the training programme from 13.06.2022.
The election proceedings can only be conducted by trained
employees.
Today is 4th of July, 2022. Even if any notice is issued, then this
Court will not be in a position to decide the petition prior to holding of
first phase of voting, i.e., 06.07.2022. Furthermore, it is clear from the
letter dated 01.07.2022 issued by the Madhya Pradesh Election
Commission that there is no absolute bar on including the employees of
LIC in the election team. Furthermore, no resolution has been placed on
record thereby authorizing the petitioners association to file writ petition
as well as giving an undertaking that in case, if an adverse order is
passed against the association, then they will abide by the same as held
by the Division Bench of this Court in the case of Prabhat Vs.
Barkatulla University, Bhopal and another reported in ILR (2011) MP
1692.
In the case of Swakshtagrahi Sangh, Janpad Panchayat Vs.
Union of India and others [W.A. No.91/2022 (Principal Seat)], it has
been held as under:
“7. The Division Bench of this court in the
matter of Prabhat Vs. Barkatulla University 1, has held
that a writ petition for enforcement of the rights of its
members, as distinguished from the rights of the
Association as a body, can be filed by the Association
acting through its office bearers or members, whether the
 5

Association is registered or unregistered, incorporated or

not, only when the Association can satisfy the Court that
if an adverse decision is given in that petition, all the
members of that Association or “Body of Individuals”
will be bound by the decision. It has also been held that if
the same principle is not followed, immediately after
adverse decision, any other members of the said
Association may come before the Court in an independent
writ petition saying that he has not been heard and he had
not authorized such Association or office bearer or
member to represent him in the litigation.
8. Therefore, to bind the members by the
decision in a litigation brought before the Court on behalf
of such members by any Association, it is necessary that
such Association must clearly resolve that who authorized
the Association to file such litigation. The resolution
should also mention that the members will abide any
decision rendered in such litigation. In the present case, a
perusal of the resolution clearly shows that the same does
not fulfill the stipulated requirement. Hence, the learned
Single Judge has not committed any error while rejecting
the writ petition.”
Furthermore, the order under challenge was issued on 07.06.2022
and the petition was filed on 30.06.2022. The question of delay and
laches is to be decided on the basis of controversy involved in a
particular case. In some cases, delay of one day may be fatal, but in some
cases, delay of one year may not be fatal for maintaining the writ petition
under Article 226 of the Constitution of India.
Since the election has to be conducted by trained officers /
employees and the training had already taken place on 13.06.2022, this
Court is of the considered opinion that looking to the controversy
involved in the present case as well as the fact that the voting for first
phase of Municipal Council / Corporation Election is to take place on
 6

06.07.2022, i.e., day after tomorrow, this petition also suffers from delay
and laches.
Accordingly, this petition fails and is hereby dismissed.

(G.S. AHLUWALIA)
JUDGE
Abhi
ABHISHEK
CHATURVEDI
2022.07.05
20:13:03
+05'30'