The Delhi High Court has appointed a retired chief justice of the Rajasthan High Court as an independent observer to supervise and conduct the polls for elected posts in the national executive of the apex body of 756 units of Young Men's Christian Association (YMCA) in India.
Justice Pratibha M Singh issued the direction after observing that a perusal of the ballot forms of the election, scheduled to be held on September 2 at Adoor in Kerala, showed that "some important requirements have been deleted" and the lists of members was "drastically different" in respect of some of the member YMCAs in India.
YMCA is a worldwide organisation based in Geneva, Switzerland, with more than 58 million beneficiaries from 125 national associations and aims to put Christian principles into practice.
The court said that while the nomination committee of the YMCA's apex body -- National Council of Young Men's Christian Associations of India -- may have justifiable reasons for the changes in ballot forms and member lists, but since it holds in trust a large number of immovable and movable properties of the member organisations, the polls "ought to be conducted smoothly, fairly and as per the memorandum and rules of the organisation".
"It is sufficient to say at this stage that the apprehensions raised by the plaintiffs (some member YMCAs in India) do not lack basis. Any changes in the list of members will have an impact on the final electoral result.
"Further if several member associations have been suspended or not allowed to participate in the elections, the results are likely to be skewed," the court said while appointing Justice (retired) Anil Dev Singh as the election officer.
The court also said that till the elections take place the National Council of YMCAs in India "ought not be permitted to deal with any of the immovable properties which it holds in trust".
"Accordingly, the defendant (National Council of YMCAs) is directed to maintain status quo with respect to all the immovable properties which are under its management/ administration and no third party interest shall be created in the same," it said in its 27 page order.
The court in its order also permitted some of the plaintiff YMCAs in India to file a suit against the National Council seeking reliefs, like protection of the immoveable property, auditing of the accounts, framing of a scheme for governing the membership and framing of a scheme for future conduct of elections.
While allowing some of the YMCAs in India to file the suit, the court said it was not, at this stage, commenting on the merits of the allegations, and counter allegations.
While allowing the interim pleas of the plaintiff YMCAs for appointing an election officer and maintaining status quo regarding the immovable and movable properties, the court dismissed the application moved by National Council of Young Men's Christian Associations of India claiming that the issues raised by some of its member organisations were arbitrable.
The court, in its order, also laid down the duties of the election officer and fixed his remuneration at a lump sum of Rs 5 lakh. "Expenses for travelling, boarding and lodging as also arrangements therefore shall be made by the National General Secretary of the defendant," it said.
Justice Dev's duties include finalising the list of 'good standing' member YMCAs, reviewing list of member organisations who were either suspended or not allowed to participate in the elections and afford them an opportunity to rectify the shortcomings to enable their participation in the polls, draw up final list of voters, scrutinise eligibility of all nominated persons and interact with the member organizations in respect of the venue of the election and if required change it, the court said.
The Puthoor YMCA, Kunnamkulam YMCA, Ernakulam YMCA and Bombay YMCA, which had moved the high court, were permitted to approach the election officer to enable their participation in the polls, subject to such conditions as he may impose, the court said.
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