Research › Search › Judgment

High Court of Delhi · body

2024 DAILYLAW 3634 (DEL)

MILIND VISHNU AWAD v. THE CHAIRMAN OF RAILWAY BOARD AND ORS.

W.P.(C)/16749/2024 · 2026-09-07

Amit Bansal

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 16749/2024 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010887202024 + W.P.(C) 16749/2024 & CM APPL. 70911/2024, CM APPL. 45964/2025 MILIND VISHNU AWAD .....Petitioner Through: Ms. Tanushri, Ms. Palak Batra, Ms. Anamika Ratan, Advocates versus THE CHAIRMAN OF RAILWAY BOARD AND ORS. .....Respondents Through: Ms. Pratima N Lakra, CGSC with Mr. Akash Pathak, GP and Ms. Santha Smruthi, Advocate for R-1 & 2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.09.2026 1. The present writ petition has been filed seeking quashing of the Circular dated 23rd October, 2024, issued by the Railway Board, whereby the list of elected office bearers of the Central Executive Committee (hereinafter ‘CEC’) of All India Scheduled Castes and Scheduled Tribes Railway Employees Association (hereinafter ‘AISCTREA’) was circulated. 2. It is the petitioner’s case that he is the duly elected President of the CEC of S-1517 AISCTREA for the relevant tenure and that the documents relating to his CEC stand certified by the Registrar of Societies. It is stated that there are two rival groups claiming to constitute the valid CEC of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:27:28 W.P.(C) 16749/2024 AISCTREA, the other group being headed by the respondent no.4. Despite the subsisting dispute between the rival groups, the respondents no.1 and 2 have proceeded to circulate the list of office bearers headed by the respondent no.4 and have extended various facilities to the said group. The said action of the Railway Board amounts to recognising and conferring legitimacy upon one of the rival groups, notwithstanding the pendency of disputes concerning the validity of the respective CECs. 3. Notice in the present petition was issued vide order dated 4th December 2024. 4. A short affidavit has been filed on behalf of the respondents no.1 and 2, wherein it is stated as follows: i. Vide Circular dated 23rd October, 2024, the list of elected office bearers of the CEC of AISCTREA headed by the respondent no.4 had been circulated by the Ministry of Railways based on the report submitted by the Election Observer nominated by the Railway Board subject to outcome of court case, if any. ii. The petitioner has raised a challenge to the validity of the election of AISCTREA, which elected the respondent no.4 as the President. The same cannot be adjudicated in the present writ petition, as the respondent no.5, AISCTREA, is a society registered under the Societies Registration Act. A challenge to the election of a registered society is not maintainable in a writ petition. Therefore, the present writ is liable to be dismissed at the outset. Reliance is placed on: a) Judgment dated 17th October 2022 passed by a Division Bench of this Court in LPA 315/2021 titled as “Dr. Jitarani Udgata v. Union of India.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:27:28 W.P.(C) 16749/2024 b)Judgments passed by a Coordinate Bench of this Court in - W.P.(C) 11086/2024 titled “Imran Hafeez v. Union of India & Ors.” dated 9th August 2024 - W.P.(C) 4671/2024 titled “Sumir Dhir v. Union of India” dated 29th July 2024. - W.P.(C) 3495/2023 titled “Dr Saravana Kodandapani & Anr. v. All India Ophthalmological Society& Anr.” dated 27th April 2023. iii. The present petition constitutes a dispute that is already pending before the Civil Courts in the following suits: a. All India Scheduled Caste and Scheduled Tribes Railway Employee Association v. Milind Awad, CS SCJ 772/2019 pending before the Patiala Court. b. Milind Awad v. Registrar of Societies, CS SCJ 787/2023 pending before the Tis Hazari Court. 5. In the rejoinder affidavit filed by the petitioner in response to the short affidavit of the respondents no.1 and 2, it is stated that the respondents have failed to disclose the legal authority under which the Railway Board could recognise or circulate the list of one of the rival Central Executive Committees of a registered society. There is no statutory basis for deputing an Election Observer and for circulating the list of office bearers headed by respondent no.4 despite the pendency of civil disputes concerning the legality of the rival CECs. Neither the Societies Registration Act, 1860 nor the bye-laws of the Association confer such powers upon the Railway Board. 6. The respondent no.4 has filed a counter affidavit stating as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:27:28 W.P.(C) 16749/2024 i. The petitioner is neither a member of AISCTREA nor an employee of the Railways and, therefore, has no enforceable right to maintain the present petition. ii. AISCTREA was not initially impleaded as a party and was subsequently brought on record pursuant to the order of this Court dated 8th April 2025. iii. The petitioner has raised disputed questions of fact which are essentially civil disputes concerning the internal affairs and management of AISCTREA. iv. CEC has been constituted through the election process in accordance with the bye-laws of the AISCTREA. 7. Earlier, the respondent no.5/AISCTREA had filed another writ petition, being W.P.(C) 18001/2025, claiming similar reliefs, which was dismissed by this Court vide order dated 7th January, 2026. It was held that the dispute raised by the parties claiming to be recognised office bearers of AISCTREA cannot be raised in a writ petition. 8. Accordingly, the Court is of the view that the disputes raised in the present petition, i.e. challenging the recognition of elected office bearers of AISCTREA, cannot be decided in the present writ petition. Accordingly, the writ petition is dismissed. 9. The petitioner would be at liberty to invoke remedies as available in law. AMIT BANSAL, J SEPTEMBER 7, 2026 at/ds This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:27:28