Plea against newly elected president of Chandigarh Beopar Mandal junked

The court of Civil Judge, Chandigarh, has dismissed a civil suit filed against Sanjeev Chadha and others in connection with the election of Progressive Traders Welfare Association, Sector 17, Chandigarh, held 9 years ago. Chadha is presently president of the Chandigarh Beopar Mandal.

Chadha has been recently elected as president of the Chandigarh Beopar Mandal in an election held on March 2, defeating its former president Anil Vohra by a margin of 88 votes.

The suit was filed by Sandeep Chaudhary for the declaration that the body of the Progressive Trade Welfare Association, elected on July 23, 2016, was legal and declaring the previous body null and void. He also sought direction to the Chandigarh Beopar Mandal to replace the old office-bearers led by Sanjeev Chadha and others with the newly elected office-bearers of the Progressive Trade Welfare Association as members in the mandal.

He claimed that in the election held on July 23, 2016, Varinder Guleria was elected as president and he himself was elected as general secretary of the association. Ashok Sehgal, advocate, while representing the mandal argued before the court that the latter was a body of traders which represented various associations of markets in Chandigarh.

As per the rules and regulations of mandal, any member from these market associations can become member of the mandal on the recommendations of the governing body of respective associations.

Likewise, Chadha, who was elected as president of the association became member of the mandal in the elections held on July 17, 2013, and had continued thereafter and then became permanent member of the mandal as per its rules and regulations.

Sehgal prayed for the dismissal of the suit on the ground that the plaintiff, who sought replacement of the body led by Chadha and others, had not even impleaded any of them as necessary party to the suit and further the Chandigarh Beopar Mandal had unnecessarily been dragged into such uncalled-for litigation by the plaintiff in order to settle their personal scores with Sanjeev Chadha and others.

The court while dismissing the suit of the plaintiff on the issue of non-joinder of the necessary party further held that the plaintiffs failed to prove any resolution regarding holding of election on July 23, 2016, and there was no record of alleged election from which it can be deduced that the alleged elections were ever held.

Further, no evidence regarding the appointment of any returning officer or schedule for filing any nomination of the candidates or withdrawal thereof had been brought on record. The court further held that in the absence of any convincing evidence, it could not be concluded that the elections were held on July 23, 2016, and so it dismissed the suit with costs.

Chandigarh