Writ Petition Filed In Representative Capacity Without Proper Authorization Not Maintainable: Rajasthan High Court

A division bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani, observed,

"We are of the firm view that the writ petition has been filed without proper authorization/resolution and hence, the same is not maintainable."

In furtherance, the court dismissed the writ petition purportedly filed on behalf of Income Tax Contingent Employees Union as not maintainable, in the absence of proper authorization.

The court relied on a similar issue dealt by the High Court in Income Tax Contingent Employees Union v. A.n. Jha, Finance Secretary [Writ Petition No.2893/2019], wherein writ petition filed by the petitioner Union through its so-called President was dismissed.

In the present case, a writ petition was filed in representative capacity on behalf of a Union posed as Income Tax Contingent Employees Union. The affidavit in support of the writ petition was also sworn by one Kamal Pal claiming to be the Member and an authorised person of the aforesaid Union.

Thereafter, an application was preferred by Advocate Sunil Bhandari, representing the respondents, seeking dismissal of the writ petition on the ground of it having been filed without proper authorization.

The court found that the minutes of the meeting referred to by petitioners does not bear signatures of any of the Members of the Union. The court further observed that no list of the Members of the Union has been annexed with the writ petition.

The court added that Jagdish Solanki, claiming to be President of the Union, has authorised Kamal Pal to file the matters on behalf of the Union in the courts. However, no resolution of the Union has been filed on record on the strength whereof, Shri Jagdish Solanki has been authorised to further authorise Shri Kamal Pal to file the Original Application before the Central Administrative Tribunal or the instant writ petition.

Appearing for the respondents, Adv. Sunil Bhandari contended that no list of the casual labour who are alleged to be Members of the Union, has been annexed with the writ petition. He further argued that no proper authorization/resolution passed by the so-called Union for the purpose of filing the Original Application before the Central Administrative Tribunal or the writ petition before this Court has been placed on record.

He submitted that this Court has held that such writ petitions are not maintainable for lack of proper authorization. In furtherance, he relied on the order dated 17.11.2011 passed in D.B. Civil Writ Petition No.2893/2019 "Income Tax Contingent Employees Union & Anr. Vs. A.N. Jha & Anr." and the order dated 9.7.2019 passed in D.B. Civil Writ Petition No.3798/2019 "Income Tax Contingent Employees Union Vs. Union of India & Ors."

Representing the petitioners, Adv. T.C. Gupta vehemently relied upon the document claiming that in the meeting dated 20.3.2015, the Union authorised him to file the cases on behalf of the Union. He further urged that in the meeting dated 11.4.2018, Shri Kamal Pal had been authorised to plead the matters on behalf of the Union. He also submitted that the writ petition has been presented and is being pursued under proper authorization.

Case Title: Income- Tax Contigent Employees Union and Anr. v. Union Of India and Ors.

Citation: 2022 LiveLaw (Raj) 16

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