Balbir Verma v. The Indian Institute of Architects and Anr

RAJIV SAHAI ENDLAW, J. JULY 07, 2015 pp/gsr

(Corrected and released on 29th July, 2015)

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 7th July, 2015 + W.P.(C) No.6422/2015, CM No.11695/2015 (for stay) & CM No.11696/2015 (for exemption) BALBIR VERMA ..... Petitioner Through: Mr. D. Verma and Ms. Arpana Iyer, Advs. Versus THE INDIAN INSTITUTE OF ARCHITECTS AND ANR. ..... Respondents Through: Mr. Ripu Daman Bhadwaj, CGSC with Mr. T.P. Singh, Adv. for R-2. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns the decision of the respondent no.1 The Indian Institute of Architects (IIA) declaring the nomination filed by the petitioner for election to the Council of Architecture for the term 2015-2018 as invalid/ineligible and seeks a direction to the respondent no.1 IIA to permit the petitioner to contest the said election. 2. It is the case of the petitioner:- (i) that the term of office of an elected member of the Council of Architecture (the Council), as per Section 6(1) of The Architects Act, 1972 (the Act) is of three years from the date of his election or until his successor has been duly elected or nominated, whichever is later and that as per Section 6(5), the Members of the Council are eligible for re-election but for not exceeding three consecutive terms; (ii) that in the year 2004, the petitioner was elected for the first time as one of the five members of the Council; (iii) that in terms of Section 3(3)(a) of the Act and Rule 4 of the Council of Architecture Rules, 1973 (the Rules), the publication of the names of the members elected is necessary; (iv) accordingly, a Gazette Notification dated 30th August, 2004 notifying the names of the members elected was issued; (v) that elections were again held in the year 2007 and the petitioner contested the said elections and was one of the successful candidates; (vi) however in view of a writ petition filed in the Madras High Court assailing the election process, the names of the members elected in the year 2007 were never gazetted; (vii) the Council also, vide its letter dated 11th July, 2007, to the respondent no.2 Union of India rejected the result of the said election; (viii) that in view of the said dispute and in the absence of the Notification with respect to the elections of the year 2007 being issued, the members elected and notified in the year 2004 continued to hold office in terms of Section 6(1) of the Act; (ix) that the litigation aforesaid before the Madras High Court continued from the Single Judge to the Division Bench and ultimately to the Supreme Court and was disposed of issuing certain directions for holding of prompt election afresh; (x) in accordance with the aforesaid directions, elections were held in 2012 and which the petitioner contested and was elected; (xi) that elections for the term 2015-18 were notified on 15th June, 2015; and, (xii) though the petitioner filed his nomination for the said election but in the list of eligible candidates declared on 30th June, 2015 his name did not find mention and on enquiry he has been informed on 3rd July, 2015 that his nomination was rejected since he had already held the position of a member of the Council of Architecture for three consecutive terms. 3. The counsel for the petitioner has argued that, (a) the petitioner has not been elected for three consecutive terms; (b) that the petitioner, prior to the elections due for the year 2015, was elected only in the years 2004 and 2012; (c) that though he had contested the elections in the year 2007 and was also elected therein but the said election process never culminated in issuance of the Notification and thus the election of the year 2007 is not to be counted; reliance in this regard is placed on Rajendra Agricultural University Vs. Ashok Kumar Prasad (2010) 1 SCC 730; (d) that the continuance of the petitioner as a member of the Council from 2007 till 2012 was not in pursuance to any election but in pursuance to Section 6(1) of the Act and owing to his successor having not been duly elected; and, (e) that though h