VIKRAM NATH,J. - (1.) HEARD learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3, Sri N.N. Mishra, Advocate, representing respondent No. 4 and Sri Rajesh Kumar Srivastava, representing respondent No. 5.
(2.) THIS petition has been filed for a writ of certiorari quashing the election proceedings initiated at the instance of respondent No. 5, on the ground that he is neither the member of the Trade Union nor has he been authorised to hold the elections of the Union. According to the learned counsel for the petitioner the respondent No. 5 in a self styled manner has issued a proclamation declaring the election schedule. Counter and rejoinder affidavits have been exchanged.
(3.) FROM the record it appears that the Nagar Nigam Employees Union, Ghaziabad was in existence for quite some time but it was not registered with the Registrar of the Trade Unions. In the previous 2-3 elections, the petitioner had been elected as President and such elections were being conducted by respondent No. 5. In the last election of the unregistered body held in 2007, also the petitioner was elected as President. However during the tenure the petitioner got the union registered with the Registrar Trade Unions in the year 2008. The registration certificate has been filed as Annexure 2 to this petition. According to the petitioner fresh elections were held in 2008 and the office bearers elected were duly registered by the Registrar Trade Unions. As per the new bye-laws the period of the elected office bearers was three years, in comparison to two years as per the bye-laws of the unregistered body. Therefore, according to the petitioner the next fresh elections would be due in 2011.;