ELECTION TRIBUNAL OF INDIAN SOCIETY OF EXTENSION … Tribunal order.pdfPriyaranjan P Singh, Counsel...

ELECTION TRIBUNAL OF INDIAN SOCIETY OF EXTENSIONEDUCATION

Arbitration Case No. AC-1503 of 2016

In the matter of:

Dr. U. S. Gautam & others

Dr. Baldeo Singh & Ors

PETITIONER

AND

RESPONDENT

Coram: Dr. A Lakshminath

Dr. K. S. Bhati

Dr. M. M. Adhikari

Present :

Honorary member secretary Sh. H. L. Nimbaa

AWARD/ORDER

1. Dr. Priyaranjan P Singh, Counsel for Petitioner(s) and for impleader

2. Dr. Bhanu P Mishra, AR to petitioner no. 1

3. Dr. B K Singh. Secretary . ISEE. petitioner no 2 in person.

None for the defendant / non appticant(s) present

CONSTITUTION, COMPETENCY AND JURISDICTION OF THE ELECTION TRIBUNAL OFISEE

Upon verifying, perusing and relying upon documents and record, the relevant and referredClauses, Rules and Sub Rules of Rules and Regulations of the ISEE. 1ARI. New Delhi read withSection - 16 oLSflciety Registration Act 1860 as amended till date; the operating Para of OrderDated 1%"September, 2019 passed by Shri Bhupinder Singh, SCJARC, NDPHC In the matter

/ • cv .̂ —^ tSsC\e 1 of 18

of Dr. U.S. Gautam and another Vs. Dr. Baldeo Singh and Others; and also Circular videreference :1SEE Dated 21siSeptember, 2019 Which establishes the Constitution of this ElectionTribunal by the Existing Executive Council of ISEE society with the consent of its23 ExecutiveCouncil Members including President out of 38 members of the Existing Executive Council ofthe ISEE TARl, New Delhi as on 20u, September. 2019 and the same has been dulycommunicated to the opposite parties in the early morning of 21si September, 2019 about raisingElection Dispute for determining the Legality and Legitimacy of the Election and ElectionProcess in question, to be determined by this Election Tribunal Of ISEE.

Hence, we are of opinion that the Constitution of th is Election Tribunal is found to be legallyconstituted under different Rules and Sub Rules of Rules and Regulations of ISEE with all itsvested Authority, Competency and valid Jurisdiction to hear and decide this matter as per andbased on by relying upon the circular dated 21.09.2019 issued by Dr.U. S. Gautam, President,ISEE society for and behalf of existing executive council of (SEE society which may be read as

under:

An Extra Ordinary Meeting under Rule -9.3 of Rule.', and Regulation of Indian Society of

Extension Education has been called and convened under the Chairmanship of Dr. U. S.

Gautam Vice Chancellor. BUA&T Bandu UP and President of ISEE society on 20th September

2019 through duly authenticated Video Conferencing of 22 Executive Members, of existing

Executive Council of I SEE Society at Banda .

By exercising the power, authority and discretion conferred and vested in the President

discretion and authority at the last ope rating portion of Rule - 9.3 and upon request from more

than five members ofthe Executive Council under reference of first operating para of Rule -

9.3 of Rules and Regulation of Indian Society of Extension Education, an Extra Ordinarv

Meeting of the Executive Council has been called and convened by the President of the ISEE

society' on 20th September 2019 through Video Conferencing and Video calling and also

through other electronic ine-dia per the different provisions of Information Technology Act (as

amended up to date) ' To constitute ELECTION TRIBUNAL to look into the legality of ongoing

fake and false election.

"It is resolved in the Extra Ordinary EXECUTIVE COUNCIL MEETING of INDIAN

SOCIETY OF EXTENSION EDUCATION on 20th September 2019 in view of the urgency and

immediate action which had to be taken in reference to inability of the Hon'ble Court to decidethe Interim Application under Rule I and II of Order 30 of Civil Procedure code to the 'main

suit for declaration, rendition of account with a consequential relief of permanent and

mandatory injunction' in the matter of: Dr U. S. GAUTAM AND ANOTHER Vs DR BALDEO

SINGH AND OTHERS v ule reference SCJNDPHC: CS SCJ/I05I/2V19 listed on 10.12.2019 asNext date of Hearing by accepting the supremacy of our ISEE Society Rules and Regulationwhich provides tinder Rule - -3.3<g) of clause 11 for any Objection regarding will he referred to

ELECTION TRIBUNAL lo be constituted by the existing Executive Council of the ISEE

Society. The Election Tribunal constituted unanimously at the above said meeting as

1. Dr. A Lakshminath • Eminent Jurist, Former Chancellor and Pro-Chancellor of Law

Universities.2. Dr. K. S, Bhati. Advocate. Supreme Court of India. Member and Co - Chair

Adhikury • Member & Co Chair, Ex-Vice Chance/lor. BCKV, West Bengal

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The constituted Flection Trihtuial will communicate its further dales to the respective

parties to file their claim.

Dr. Kartar Singh, the so called Chief Returning Officer is hereby advised through thepresent decision of the Existing Executive Council at its decision taken in the Extra OrdinaryMeeting of the Executive Council of the ISEE society through this resolution restrain andrefrain to declare any such election results till the outcome of the decision of the Election

Tribunal.

Dr. Baldeo Singh is herein restrained and advised to stop/ abstain any furthercommunication which tarnishes the linage prestige and honor of the society and its President inparticular in its personal and official capacity.

Signed by Or U S Gautam, President, ISEE

Copy to: Dr Baldeo Singh, Ex President ISEE, Dr Kartar Singh, Mr. Vikash Sharma, Advocate,DDG(AE), Director. 1AR1, Notice Board of ISEE office.

1. That after nomination as member of this Tribunal we, all Dr. A.

Lakshminath, Dr. K. S. Bhati and Dr. M. M. Adhikary telephonically

talked to each other and met with each other and arrived to a conclusive

decision to hold the Election Tribunal and after taking the consent of Dr.

A. Lakshminath to act as Chairman, both members have formally agreed

for Dr. A. Lakshminath - Eminent Jurist, Former Chancellor, Pro-

chancellor & Vice-Chancellor of National Law University, Patna, to act

as Chairman of this Election Tribunal and the appointment was duly

confirmed by Dr. A. Lakshminath on the same day. Hence the Election

Tribunal consisting of Dr. A. Lakshminath as Chairman and Dr. K. S.

Bhati and Dr. M. M. Adhikary as member together formed the Election

Tribunal to decide the dispute in the caption matter in question between

the parties in dispute.

2. That further on 25.09.2019, we assembled at common place and a

formal meeting of the constituted Election Tribunal was held and a

formal declaration of all three appointed members of the said Election

Tribunal regarding their respective neutral and independent status with

the parties concerned and declare as :

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"We hereby declare that we have no relationship of any kind with the

parlies'in dispute and duly competent to accept the appointment as

member. We have never been personally associated in any capacity

with either of the parties. We have not rendered any opinion or

advice in the matter concerned in dispute to either of the parties or to

any party in particular. We further declare that we do not have any

financial or personal interest of any kind in the outcome of tire

Award. No circumstances exist which may give rise to justifiable

doubts about our independence, impartiality and neutrality."

3. That the chairman of this Tribunal appointed Mr. H. L. Nimbaa,

Advocate, Chamber No. 846, Dwarka Court Complex, Sector-IO,

Dwarka as Secretary of this Tribunal to look after the day to day affairs

and proceedings of this Tribunal and directed him to inform the venue,

date and t ime for holding the next proceedings of this Tribunal to the

parties in Dispute and direct to appear in person or through legal counsel

before this Election Tribunal on 12.10.2019 at given time and place.

Tribunal had also directed the parties to file their respective Petition /

Vakalatnama / Power of Attorney / Authority Letter if they wanted to

appear through any counsel or representative.

4. That on 12.10.2019, the Petitioner/s filed their Election Petition through

their Ld. counsel Dr. Priya Ranjan P. Singh, Advocate, along with

statement of claim and application for ad interim stay on impugned

alleged notification under reference No. ISEE No./Election/2019 dated

21/09/2019.

Ld. Counsel Dr. Priya Ranjan P. Singh argued at length about the Legality andLegitimacy of the Election of ISEE in question and referred the same dispute to thisElection Tribunal to decide.

The Ld. Counsel for the Petitioner/s apprised and prayed for Urgent AJ Interim Stay onImpugned Notification No. ISEE No./Election/2019 dated 21/09/2019 along within theInterest of Justice.

. Petition along with Urgent Application is allowed.

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After hearing the Ld. Counsel for Petitioner/s and upon perusal and relying upon thedocuments' and records placed before this Tribunal it is observed and pass following adinterim order till further orcler/s -

1. The notification under reference No. ISEE No./Election/2019 dated 21/09/2019 isfound contrary to the circular No. lSEE/Circular/2019/08 dated 21/09/2019 is illegal,without any basis, away from the stipulated Rules and Regulations of the ISEE societywithout following the due process of law. Hence, stayed t i l l further order/s.

2. The proceedings that took place on 6-7'h December, 2018 held at West BengalUniversity of Animal and Fisheries Sciences, Kolkata during ISEE National Seminarestablished beyond reasonable doubt that Dr.U. S. Gautam was installed as Presidentand taken over the charge from Dr. Baldeo Singh the Past President as the outcome ofvoluntary resignation tendered by Dr. Baldeo Singh vide his resignation letteraddressed to the Secretary on dated 06/12/2018 which has been duly accepted on theconcurrence of the Executive Council and approval ot the General Body present,considering his request on health ground and made the alternative arrangement for hisreplacement with immediate effect. Hence there were no urgency to announce electionjust after five months of assuming as President by Dr. U. S. Gautam and if at all it wasrequired that had to be announced by the present President Dr. U. S. Gautam only andnot by the past President or his sponsored. Hence. Notification dated 17lh May 2019 isstayed for any consequential steps, any operation, decision, declaration, assumption,position etc till further order.

3. Subsequent moves taken by Dr Baldeo Singh, Defendant no. - 1. Can no longer beconsidered as President and his subsequent authorization to appoint Dr. Kartar Singh,Defendant no. - 2. as Chief Returning Officer is accordingly void ab initio and nonestin the eye of law.

4. In the meantime Dr. Baldeo Singh and others issued a notification calling paper forNational Seminar on 'Holistic Approaches enhancing Agricultural Growth in ChangingRural Scenario' to be held during!4-16 November, 2019 at SKNRAU, Bikaner. Thisnotification has been issued despite the fact that the duly installed President Dr. U.S.Gautam and his office bearers have already given the Notification of ISEE NationalSeminar on 'Socio-Digital Approaches for Transforming Indian Agriculture' scheduledto be held at CCSHAU. Hisar during 20-22 November. 2019.

In the light of above, the Notification issued by Dr. Baldeo Singh and others iswithout any authority as it is beyond the jurisdiction of Dr. Baldeo Singh who nolonger represents the society as President as he has already resigned and duly relievedon 6ih December, 2018 itself.

Holding of the Seminar-on such dates 14-16 "November, 2019 at SKNRAU,Bikaner by Dr. Baldeo Singh will cause the irreparable damage to the society prestige.Hence, he is restrained from holding the said Seminar by.himself or anyone on hisbehalf on the dates 14-16 November, 2019 at SKNRAU, Bikaner without writtenapproval of Dr. U. S. Gautam, President of ISEE and hence the same is stayed tillfurther order.

Dr. Baldeo Singh Defendant No. - 1 is hereby directed to explain his position onnext date of hearing under what Rules of Rules and Regulations of ISEE he acted asPresident once he tendered his resignation voluntari ly and the same has been accepted

id the same has been communicated to him and also the new President Dr. U. S.has already taken over him who convened three Executive Council meetings as

•<>.

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President including the first meeting on 7m December 2018 itself in the presence ofDefendant No. - 1 & 2.

All the Defendants are hereby directed to appear before the Tribunal to defend themself in person or through his duly Authorized Representative on its next date ofhearing.

Take notice all the parties concerned, they are hereby directed to present for oral and /or written submission on next date of hearing to enable the Tribunal to decide thedispute else the Tribunal will have left with no option except to proceed ex parte inabsentia and the interim order may become final order.

If any party wants to give only Written Submission can send it on or before 3rdNovember 2019 to the Secretary, Election Tribunal on following email ID:elect ion_tr ibunal@ iseeindia.org.in

Secretary of this Tribunal is hereby directed to Issue Notice to all parties concerned toensure their presence on next date of hearing.

Fix"5ih November 2019 at 2.00 pm as Next Date of Hearing for Reply / Oral and / orWritten Submission.

s. The tribunal reassembled on 05.11.2019, however, none from the

defendants appeared. Though the Ld. Counsel for the Petitioner

submitted for the ex-parte proceeding in absentia of the Defendant/s, the

Tribunal grant the last and final opportunity to the Defendant/s in the

interest of justice and directed that Fresh Notice be issued to the

Defendant/s by Speed Post/Courier/. by email/electronic mode and/or

affixation in case of refusal to ensure the service of notice to the

Defendant/s for Next Date of Hearing on 19th November, 2019 at 12

Noon as last and final opportunity to appear before Jhis Hon'ble Tribunal

at given fixed Time and Place. The Tribunal on conclusion made

following directions:

C\. Interim Stay wi l l continue t i l l further orders as per the last detail order of thisTribunal dated 12'" October, 2019.

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2. Dcfendant/s are hereby directed to refrain from committing any act ofomissions and commissions including conducting of their so called ISEENATIONAL SEMINAR-2019 on 14-16 Nov. 2019 entitled "Holistic Approachfor Enhancing Agricultural Growth In changing Rural Scenario" atSKNRAU.Bikaner,-334000. Rajasthan and also all kinds of Publishing of OfficialJournals etc. of and in the name of Indian Society of Extension Education i.e.ISEE. The Tribunal also decided that a request may be made to the Chancellor ofSKNRAU, Bikaner -334006, Rajasthan, that His Excellency Governor ofRajasthan to intervene and may issue suitable directions for cancellation ofholding of the said unauthorized seminar as mentioned here in above.

3. All the Defendant/s are hereby directed to appear before the Tribunal to defendthemselves in person or through his duly Authorized Representative on the nextdate of hearing.

4. Take notice all the parties concerned, are hereby directed to present for oral and/ or written submission on next date of hearing to enable the Tribunal to decidethe dispute else the Tribunal will be left with no option except to proceed ex partein absentia and the interim order may become final order on Next Date OfHearing i.e. 19th November. 2019.

6. On 19.11.2019 again none from the defendants)/ non applicant(s)

appeared before the Tribunal. Service report for service of notice for

defendants was placed on record by the honorary member secretary of

the Tribunal along with proof of affixation, and after perusal of Ld.

Counsel for proceeding in absentia of the defendants , the Tribunal

granted one more last and final opportunity to the defendants in the

interest of justice and directed that :

Fresh Notice along with the copy of petition be issued to the detendant/s bySpeed Post/Courier/ by email/electronic mode / affixation. In case of refusal toensure the service of notice to the detendant/s for next hearing on 07/12/2015 at3.00 P.M. as last and final opportunity to appear before this Hon'ble Tribunal atTime and Place as given. It is further directed that in view of non-appearance ofrespondents, the Tribunal decided to give one more last and final opportunityrequiring the respondents to submit their reply on or before 29.11.2019 andappearance in person on next date of hearing i.e. 07.12.2109 at the time andplace as mentioned above at the aforesaid venue.

In the event of failure to submit the reply as aforesaid, the Tribunal will beconstrained to decide the matter ex-parte and therefore any submission wi l l not

ntertained or recorded. In te r im order to continue t i l l further orders.

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If any party wants to give Written Submission / reply, can send it on or before29th November 2019 to the Secretary, Election Tribunal on fol lowing email ID:election [email protected]

Secretary of this Tribunal is hereby directed to issue Notice to all partiesconcerned to ensure their presence on next date

7. That despite service of notice, the defendant(s) did not appear before this

Hon'ble Tribunal and intentionally tried to hamper the proceedings of

this Tribunal, therefore the defendant(s) is preceded ex-pane and

counsel for the petitioner allowed to put their submissions.

8. On 07.12.2019, the Ld Counsel for the Petitioner(s) submitted that the

Executive Council meeting of the ISEE held on 6.12.2018 at Kolkata

and in the meeting, the respondent no. I. Dr. Baldeo Singh resigned

from the post of president of the ISEE before the Executive Council. His

resignation letter was addressed to Dr. B. K. Singh, Secretary of ISEE

which was duly signed as witness by nine executive members including

defendant No. 2 (Dr. Kartar Singh) in addition to Dr. Baldeo Singh. The

resignation letter (colly) in the hand writing of Dr. Baldeo Singh reads as

under:

SecretaryISEE, New Delhi

As I resigned from Society and submitted the letter to GB during its meeting atBhagalpur, I further state that I am not able to continue as President, I request tokindly relieve me and kindly make an alternative arrangement.

Signed, Baldeo SinghPresident (ISEE)

Dated 06.12.2018

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9. The resignation letter was put up by Dr. B. K. Singh, Secretary, ISEE

before the Executive Council which was accepted by the Executive

Council. It was pointed out by the Ld. Counsel for the petitioner(s) that

the respondent No. 2 Dr. Kartar Singh also put his signature as mark of

acceptance of resignation being member of Executive Council of ISEE.

The proceeding of the Executive Council meeting dated 06.12.2018

(colly) duly signed by Secretary, Dr. B K Singh reads as :

The following decisions were taken in the Executive Council meeting of ISEE:

Dr Baldeo Singh. President. ISEE tendered his resignation from the postof President, ISEE on health ground and the executive committee approved thesaid resignation in the meeting. Also, all the executive council membersunanimously proposed the name ot Dr. U. S. Gautam, Hon'ble Vice Chancellor.Bancla University of Agriculture and Technology, Banda as a new President ofISEE. Dr. U. S. Gautam. Hon'ble VC, agreed for the proposal of President ofISEE and he has been felicitated by the members of Executive Council in theGeneral Body meeting. The members of executive council also felicitated Dr.Baldeo Singh the outgoing president of TSEE.

To avoid the huge expenditure on the society election and pending legallitigation of the society, the Executive Council of ISEE decided to continue thepresent setup of office bearer till the further decision.

It was also decided in the meeting that the tenure of President should beof five years in place of three years. The proposal was put-up in the GeneralBody Meeting and it was approved by the majority of voice votes.

The society awards were put up in the executive council and approvedthe same.

10. That, it was further submitted by the Ld. Counsel for the petitioner(s)

that on the same day i.e. 6.12.2018 after resignation of Dr. Baldeo

Singh, the name of the petitioner no. 1, Dr. U. S. Gautam , who was the

Vice President of the Society was proposed as President and the same

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has been unanimously accepted by Executive Council and the General

Body of ISEE society and the same was approved on 07.12.2018 .

11. That, it is further submitted by the Ld. Counsel for the petitioner(s) that

the Petitioner No.l started functioning as President, ISEE from

07.12.2018 as he has convened his first Executive Council meeting at

WBUAFS Kolkata itself where Dr. Kartar Singh, defendant No. 2 was

also present in the capacity of vice president. Petitioner No.l have

further convened executive council meetings on 20.01.2019, 26.06.2019

12. The different communications in the form of circular and letters issued by

defendant No 3, Dr. Raksh Pal Singh, Joint Secretary, ISEE vide Circular

No. ISEE / DR9 / EC / Cir / 2019 dated 09.01.2019, email dated 17.01.2019

and also by Defendant No 1, Dr Baldeo Singh vide his letters dated

12.04.2019, 31.07.2019 and 20.09.2019, wherein, he pose himself and

signed as President ISEE even after his voluntary resignation and alternate

arrangement in the form of Dr. U.S. Gautam as President of ISEE society.

The act of defendant No. 1 henceforth were found to be totally unlawful to

claim himself as president and misguide the hon'ble members of ISEE

society.

13. The alleged election notification dated 17.05.2019 issued by defendant No.2

Dr. Kartar Singh signed as Chief Returning Officer was placed referring the

Executive Council meeting dated 17.05.2019, whereas, it has been alleged

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by the Ld. Counsel of the petitioners) that there were no such meeting ever

held.

Tt was submitted that as per sub-Clause 9.1, 9.2 and 9.3 of Clause 9

regarding convening of Executive Council meeting and sub-sub clause (a),

(b), (c), (d) and (e) of sub clause 7.5 of Clause 7 regarding "the Duties and

responsibilities of the office bearers' clearly mentioned that President or

Secretary can call the executive meeting. Nether Dr. U. S. Gautam

(President, ISEE) nor Dr. B.K, Singh, (Secretary, ISEE) called any such

meeting of Executive Council on 17.05.2019 to decide anything pertaining

to the announcement of elections.

Also the proceedings of Extra Ordinary Executive Council Meeting

held on 20.09.2019 through ICT mode as per different provisions, of

Information Technology Act 2000 (as amended up to date) were placed

before the Tribunal to substantiate that all 22 Executive Council Members

attended the Executive Council Meeting on 20.09.2019. As such the Ld.

Counsel for petitioners stressed on the illegality of the executive meeting

referred here heW-on 17.05.2019.

14. Further Dr. Baldeo Singh, defendant No. I with the collusion of defendant

no. 2 and 3 appointed defendant No. 2 as Chief Returning Officer to

conduct the alleged election of ISEE, which was illegal and unwarranted act

of the defendant No. 1, Dr. Baldeo Singh as he has no power to appoint

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defendant No 2 or as such any other as Chief Returning Officer to conduct

the election in contrary to laid down provision sub clause 11.2 of clause 11

which provides as - ' election of office bearers shall be conducted by a

returning officer who shall be nominated by the executive council , the

council will also nominate three members to assist the returning officer in

conducting the election.'

It was further submitted by the Ld. Counsel that defendant No 2. issued

a circular dated 17.05.2019, therein, he started the election process and

given a schedule for election. The alleged circular of dated 17.05.2019

issued by defendant No 2, has got no legal existence henceforth all the

consequential act. omissions, commissions and activities are nonest in the

eye of law, illegal, un authoritative and vide ab initio.

15. Aggrieved with the illegal and unwarranted act of the defendants, the

Petitioner(s) approached the Civil Court and filed a Suit for Declaration,

Permanent and Mandatory Injunction, while deciding the application under

Order 39 Rule 1 and 2 of CPC, the Hon'ble Civil Court in its matter

between Dr. U.S. Gautam and Anr Vs Dr. Balde'o Singh and others vide its

order dated 19.09.2019 in CS/SCJ/1051/2019 observed that as per Rules of

the Society i.e. ISEE,

'Objection if any regarding the election will be referred to

the election tribunal constituted by the existing Executive

Council'

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Which can be corroborated vide sub- sub clause g of sub-clause 11.3 of

clause 1 1 of ISEE society.

16. In exercise of power and authority vested in the President of ISEE society

under sub clause of Clause 9 of ISEE society rules and regulations, the

Petitioner No. 1 called an emergency meeting of existing Executive Council

of ISEE on 20.09.2019 through video conferencing, email, WhatsApp calls

and other TCT means and modes which has a recorded participation of 22

with due confirmation out of 38 Executive Council members who resolved

to constitute the Election Tribunal to address and readdress the objection(s)

pertaining to alleged election process initiated illegally by illegal means and

modes; the said election tribunal has been established with the common

consensus and consent of all 23 EC Members including the President of

ISEE society which has been finalized through circular vide reference ISEE

Circular 2019/08 dated 21.09.2019 at 9.30 AM which has been circulated to

concerned stakeholders including defendant No. 1,2 and 3 along with their

counsel through email at 9.30am on 21.09.2019.

17. In contravention of the circular 2019/08 dated 21.09.2019 and its

resolution of existing Executive Council of ISEE which clearly

restrained defendant No. 2 , the alleged Chief Returning Officer of the

alleged election process as -

' Dr Kartar Singh the so called Chief Returning Officer is herebyadvised through the present decision of the Existing ExecutiveCouncil at its decision taken in the Extra Ordinary Meeting of theExecutive Council of the ISEE society through this resolution restrain

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and refrain to declare any such election results till the outcome ofthe decision of the Election Tribunal'.

18. Rather defendant No. 2 choose to declare the alleged election results vide

letter ISEE No./ Election/2019 Dated: 21/09/2019, (10.42 PM) via emails.

The contents of the letter reads as:

Esteemed ISEE Members,

I. Dr. Kartar Singh, Chief Returning Officer, Indian Society of Extension Education,Division of Agricultural Extension, ICAR-IART, New Delhi-12 extend my heartiestthanks to all. the esteemed life members of the ISEE for your kind cooperation andsupport for the successful conduct of the ISEE election to the executive council of theIndian Society of Extension Education for the period 2019-2022. It could have been onlybe possible because of your whole hearted support and cooperation with me and my teamdespite the unlawful efforts made by certain members with vested interest to not onlydisturb but to ruin the constitutional election process ol ISEE. I am happy to inform allthe respected members that the newly elected ISEE executive council members (listenclosed) shall be felicitated in the general body meeting to be held during the ISEENational Seminar at Swami Keshvvanand Rajasthan Agricultural University, Bikaner.Rajasthari form 14-16 November. 2019 as per the ISEE election notification no. ISEE No./Election/2019 dated 17/05/2019 in accordance with the ISEE constitution.

With warm regards.

Yours sincerely,

(Dr. Kartar Singh) Chief Returning Officer, ISEE, Division of Agricultural ExtensionICAR-IARI, New Delhi-110012

19. The brochure of national seminar proposed by Dr. Baldeo Singh was also

placed before this tribunal under the logo and name of ISEE. Ld. Counsel

far petitioners stressed that as mandated in sub clause 2.4 of Clause 2 of

ISEE rules" and regulations, the Organizing National/International

Symposia, Seminars, Workshops, Conferences, Training Programmes etc.

for dissemination of scientific knowledge among scientists, extension

sonnel, policy makers, and administrators is one of the objective of ISEE,

h the national seminar at Bikaner under the umbrella of ISEE is

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unconstitutional without the consent and approval of Executive body headed

by Dr. U.S. Gautam. It was appealed to direct the organisers not to use ISEE

logo and platform/ umbrella for its organisation. The proofs of organisation

of event, publication of abstract book, society journal and institution of

society awards were also placed on record before the tribunal.

20. The Tribunal henceforth concluded its observation after having heard the

elaborative narration of chain of facts and circumstances along with

substantive arguments by the Ld. Counsel for Petitioner(s) with following

decisions:

I. Since the defendants have not joined the proceedings of the Tribunal as

per due process of law despite repeated service of notice through all

modes including affixation and by giving ample opportunities to the

defendants to represent themselves before this tribunal which has no

other alternative to proceeded ex-parte and decide accordingly.

II. The ad interim stay on circular dated 21.09.2019 vide its order dated

12.10.2019 become final and binding, barring all consequential acts,

omissions and events with immediate effect.

III. Dr. U.S. Gautam, Petitioner No. 1 is the installed President of ISEE

Society after voluntary resignation of Dr. Baldeo Singh, defendant no 1,

its approval by Executive Council on 06.12.2018 and General Body on

07.12.2018 and hence the Executive Council headed by Dr. U.S. Gautam

as President will continue to function as mandated to achieve objectives

of the society as enumerated in Clause 2 and its sub clauses

2.1,2.2,2.3,2.4,2.5 of ISEE Society. Hence, as President of ISEE society

Dr.U.S. Gautam decision shall and binding and All the consequential

steps taken by Dr. Baldeo Singh after 06.12.2018 as the president of the

ISEE are infructuous. null and void ab initio .

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IV. The election notification issued by Dr. Kartar Singh vide number

ISEE No /Election/2019 dated 17.05.2019 is defective and having no

sanctity and nonest in the eye of law with the facts stated as the issuing

authority had exercised its power and discretion beyond the ambit, scope

and interpretation of law which is prevailing general principles of law

for the election and also as per the election process led down in the sub-

sub clause g of sub Clause 11.3 of Clause 11 and sub clause 9.3 of

Clause 9 of Rules and regulation of ISEE society. Hence, all the

consequential actions due to and arose out of the notice dated 17/05/19

are henceforth declared nu l l and void ab initio. Consequently the so

called new body for executive council which has been declared vide

circular no ISEE No /Election/2019 dated 21/09/19 by defendant No. 2

and headed by defendant no. 3 as President of ISEE has no existence in

the eye of law as it is null and void ab intio and nonest in the law.

Hence, declared infructuous. Any financial involvement for the process

of declaration of unlawful and unauthorized election, its conduction and

declaration of results has no bearing on ISEE. If any transactions made

after 07.12.2018 from ISEE accounts on the name of any mandated

activity are the sole responsibility of Dr. Baldeo Singh, defendant No 1

and Dr. Kartar Singh, defendant No 2, the ISEE through its President

(Dr U S Gautam) or Secretary (Dr. B K Singh) has never authorized to

make any transaction for mandated activities.

V. The communications issued after 06.12.2018 by Dr. Baldeo Singh,

defendant No I, Dr. Kartar Singh defendant No 2 and through Joint

Secretary Dr. R P Singh, defendant No 3 including Circular No. ISEE /

DR9 / EC / Cir / 2019 dated 09.01.2019, email dated 17.01.2019 letters

dated 04.01.2019, 12.04.2019, 02.05.2019, 17.05.2019, 31.07.2019,

01.08.2019, 20.09.2019, 21.09.2019, 11.11.2019 are declared illegal,

unlawful and deemed void ab initio and nonest in the eye of law as Dr.

Singh defendant No 1. continuously wrote himself and signed as

of 18

President ISEE, Dr. Kartar Singh, defendant No. 2 claimed himself as

Chief returning officer even after voluntary resignation of Dr. Baldeo

Singh defendant No. I and alternate arrangement in the form of Dr. U.S.

Gautam, petitioner No. 1 as President.

VI. The ISEE NATIONAL SEMINAR-2019 conducted w.e.f 14-16 Nov.

2019 entitled "Holistic Approach for Enhancing Agricultural Growth In

changing Rural Scenario" at SKNRAU, Bikaner.-334000, Rajasthan and

also all kinds of Publishing of Official Journal (Indian Journal of

Extension Education) after 06.12.2018 other than Dr. R N Padaria (Chief

Editor), giving of Society Awards etc. in the name of Indian Society of

Extension Education is declared unlawful and having no legal standing.

Any financial incurring on the said activities is the sole responsibility of

Dr. Baldeo Singh, defendant No 1 and others in individual capacity and

ISEE will not owe or bear any financial liability including the validity of

illegal intellectual property as it is an alleged publication in the name of

ISEE society which has got wide consequential impact on society and its

constituents. ISEE bear no obligation towards any such activity by

derecognizing declaring them illegal, of Dr Baldeo Singh defendant No

1, Dr Kartar Singh defendant No 2 and others after 07.12.2018. However,

during the seminar through misguidance of the society members the

money in cash or any other form collected from ISEE members and

participants of the seminar shal l be part of ISEE revenue and any

expenditure without sanction of executive council and president shall led

to recovery of such equal amount along with pande lite interest against

the individual concern along with other effective liabilities.

VII. Free and fair Election of ISEE Executive Council be conducted afresh

within one year from this date and the process as mandated in ISEE Rules

and Regulations should be initiated by its President Dr. U. S. Gautam in

order to maintain trust among the ISEE members.

of 18

The secretary is directed to dissolve the [SEE Election Tribunal 2019 after supply of

copies of the order and all the records be handed over to President / Secretary of ISEE for

all future information, reference and action. A copy of acknowledgement given by the

secretary be sent to us for record.

New Delhi07.12.2019

Dr. M. M. Adhikari

Member

Dr. K.

Member

Dr. A. Lakshminath

Chairman

^_^y,v,x:<i3C

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ELECTION TRIBUNAL OF INDIAN SOCIETY OF EXTENSION … Tribunal order.pdfPriyaranjan P Singh, Counsel...

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