PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:

Heard Mr. Lalit Kishore, learned Senior Counsel along with Mr. Mukesh Kant, Mr. Venkatesh Kirti, learned counsel appearing on behalf of the petitioners and Mr. Braj Bhushan Mishra, learned AC to AAG 9 for the State.

2. The issue and ground of review involved in both the civil review is similar, they are being disposed of by a common judgment.

3. Mr. Lalit Kishore, learned Senior Counsel along with Mukesh Kant, learned counsel appearing on behalf of the petitioners submitted that the Indian Red Cross Society has directed to convene a meeting of Managing Committee of Indian Red Cross Society, Bihar State Branch for conducting election of Chairman, Vice Chairman and Treasurer of new State Managing Committee on 21.07.2025 at 11:00 a.m at Darbar Hall, Raj Bhawan, Patna but the voter list don't find names of the present review petitioners due to malafide act of the present chairman of the State Unit. He further submitted that name of representative of District Brnach Head of Motihari, Dr. Ajay Kumar also don't figure in the voter list, which has been brought on record by way of Annexure 2.

4. Petitioners have sought review of the order dated 11.12.2023 passed in CWJC No.9954 of 2022 firstly on the ground that the writ petition is not maintainable under Article 226 of the Constitution of India as the Red Cross Society don't come within the purview of the State or other authority or instrumentality or agency to discharge the public function and as such is not amenable to the writ jurisdiction of the High Court, secondly the High Court under Article 226 of the Constitution of India cannot interfere with the election process or with the result of the election declared.

5. The present review petitions arise out of CWJC No.9954 of 2022. The aforesaid writ petition was filed for the following reliefs:-

"i. Issue a writ, order or direction in the nature of certiorari quashing the election and election result held on 12.06.2022 and declaring the election as illegal and ultra vires as the same was conducted by the District Magistrate and District administration Motihari against the rules and regulations of Indian Red Cross Society and against basic tenants of election laws.

ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to hold a free and fair election of the Managing Committee of Indian Red Cross Society, District branch, Motihari in accordance with the rules and regulations of Indian Red Cross Society and in accordance with basic tenants of election laws.

iii. Issue a writ, order or direction in the nature of mandamus commanding the Managing committee of Indian Red Cross Society, District branch, Motihari not to use financial power and not to function as office bearer of the Indian Red Cross Society, District branch, Motihari.

iv. Pass any other or further order as this Hon'ble Court may deem fit and proper in the interest of justice."

6. The writ petition was filed for quashing the entire election result held on 12.06.2022 and declaring the result as illegal. The main grievance of the petitioner of the writ petition was that against the action of the District Magistrate, Motihari who had allegedly conducted the election in unfair, unreasonable and illegal manner by flouting the Indian Red Cross Society Uniform Rules (hereinafter referred as IRCS - Uniform Rules and guidelines. The review petitioners support the result of the election held on 12.06.2022.

7. The writ petition was heard on several dates and was finally disposed of vide order dated 11.12.2023 and the same is reproduced hereinafter

"Heard Mr. Kumar Amit along side Mr. Dhananjay Kumar, learned counsels appearing on behalf of the petitioner; Mr .Rajeshwar Singh, learned GA 10 for the State and Mr. Dhananjay Kumar, learned counsel for respondent no.12.

2. In continuation of order dated 28.11.2023, certain documents have been produced before this Court on behalf of the Red Cross Society to show that no approval of National Committee with respect to the voters who had participated in the 2022 election relating to District Chapter, Motihari was taken prior to holding of the election by the Collector. The Clause 3 of Chapter VI provides for registration of new members which is reproduced hereinafter:-

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTEjMTYjMjAyNCMxI04=-Y--am1--h3pOcpHfQ=

Disclaimer: Curated by HT Syndication.