Writ
subhomoy chakraborty
(Querist) 04 November 2011
This query is : Resolved
whether writ can be filed by an association by representative capacity? pls specify some case laws in support of the opinion.
Raj Kumar Makkad
(Expert) 04 November 2011
Yes. It can be filed.
(1) Indian Medical Association; (2) Ashima Mutneja; (3) Rachit Gupta and others vs (1) Union of India and others; (2) Army College of Medical Sciences and others; (3) Guru Gobind Singh Indraprastha University and others vs. UPI & others [SUPREME COURT OF INDIA, 12 May 2011]
Kiran Kumar
(Expert) 04 November 2011
yes it can be filed....but make sure there must be a violation of fundamental rights of such an organisation...
subhomoy chakraborty
(Querist) 05 November 2011
My case is a writ was filed against the appointment of a director where the association of executive of the organisation(registered under society registration act)challenged the said appoinment. Calcutta High court verdicted writ can not be filed in a service matter in representative capacity. so Mr. Kiran kumar has rightly opined as the court observed that the violation of undamental rights of such an organisation was not validated and any individual did not challenge the appointment in support of article 14 of the constitution. Question of "aggrieve" under fundamental right should be taken into consideration.
I need some csae laws in support of the judgement of high court, calcutta.
prabhakar singh
(Expert) 05 November 2011
okay !i will provide you one if i find one.
