SAHIDULLAH MUNSHI,J. - (1.) This revisional application is directed against the judgement and order dated 30th May, 2018 passed by the learned Additional District Judge, 16th Court at Alipore in Miscellaneous Appeal No. 269 of 2017. By the order impugned the learned Additional District Judge modified the initial order passed under Order 39 Rules 1 and 2 filed by the plaintiffs/petitioners.
(2.) The short case made out by the petitioners that out of four contesting unions the petitioner is one who ultimately could not succeed in the election held in the first week of May, 2013. According to the plaintiffs/petitioners there are certain norms which all the contesting unions were to comply with that is to say that they should furnish no dues certificate regarding payment of all dues on account of office rent, electricity charges, water charges, telephone bills etc. for office under their possession which should be covered ending 31.12.2012. The Railway administration should immediately raised bills wherever they are due. Separate no dues certificate may be submitted for each Division covering all facilities in its jurisdiction. Clause 12(x) under the heading Filing of Nominations specifies the said qualifications for filing the nomination paper before contesting an election.
(3.) Clause 12 (x) is as follows;- "12(x) A no Dues Certificate regarding payment of all dues on account of office rent, electricity charges, water charges, telephone bills etc for offices under their possession. This NOC should cover period ending 31.12.12. Railway administrations shall immediately raise bills wherever they are due. Separate NOC may be submitted for each Division covering all facilities in its jurisdiction In case there is any dispute about charges/bills to be paid by the Union, or in case of inability of administration to raise bills in time, a clear cut undertaking may be furnished by the Union to Railway Administration that the bill after settlement of disputes/raising of bills will be paid latest by 31.12.13.On the basis undertaking General Manager may permit the Union to contest the election. In such a case, the General Secretary will submit a declaration (Annexure II) that the Union has paid all such bills where there is no dispute and/or an undertaking as specified.";