BEFORE THE PRESIDENT & CENTRAL EXECUTIVE COMMITTEE (CEC)

PUNJAB NATIONAL BANK SC/ST EMPLOYEES' WELFARE ASSOCIATION

LEGAL REPRESENTATION / COMPLAINT

Seeking Inquiry into Alleged Constitutional Violations in the Conduct of Elections under Durgapur Zone and Request for Immediate Corrective Action       

To

The President
Punjab National Bank SC/ST Employees' Welfare Association

The Chairman 

Punjab National Bank SC/ST Employees' Welfare Association

Through

The Central Executive Committee (CEC),

 Punjab National Bank SC/ST Employees' Welfare Association

Subject

Representation seeking an independent inquiry into the alleged unconstitutional conduct of elections in various Circle Units under Durgapur Zone, examination of the role of the Observer Shri Sanjoy Das and the General Secretary Shri Umed Kumar, and consequential action in accordance with the Constitution of the Association.

MOST RESPECTFULLY SHOWETH:

1. The complainants are bona fide members of the Punjab National Bank SC/ST Employees' Welfare Association and are deeply concerned about preserving the constitutional governance, democratic functioning, and institutional integrity of the Association.
2. This representation is submitted in good faith and in the larger interest of the Association, requesting the President and the Central Executive Committee to inquire into alleged irregularities in the conduct of elections in various Circle Units under the Durgapur Zone.
3. The complainants submit that the Constitution of the Association is the supreme governing document, and every election is required to be conducted strictly in accordance with its provisions. Any deviation from mandatory constitutional procedures undermines the legitimacy of the elected body and erodes members' confidence in the Association.

GROUNDS

A. Alleged Appointment of Returning Officers Contrary to Clause 26(c)

Clause 26(c) of the Constitution provides that the Functional Central Executive Committee (CEC) shall appoint an independent Officer to conduct fair and free elections.

However, in the elections conducted under the Durgapur Zone, including the Siliguri Circle and Malda Circle election, the Election Notification records that the Returning Officer was appointed by the Observer.

The Constitution produced before the complainants does not disclose any provision authorizing the Observer to appoint the Returning Officer.

The complainants therefore request the CEC to determine whether such appointments were made in accordance with the Constitution.

B. Repeated Departure from Constitutional Procedure

The complainants submit that similar concerns have arisen in several Circle elections under the Durgapur Zone, including allegations relating to:

•         Inadequate notice; 
•         Absence of an election calendar; 
•          Lack of separate dates for nomination, scrutiny and withdrawal; 
•          Nomination and election being conducted on the same day in certain instances; and 
•          Denial of adequate opportunity to eligible members to contest. 
•           If substantiated, these departures would be inconsistent with Clauses 22 and 26 of the Constitution.

C. Need to Examine the Role of the Observer

The complainants respectfully submit that complaints regarding election procedures have repeatedly arisen in elections supervised by Shri Sanjoy Das, functioning as Observer.

In these circumstances, the CEC should examine whether:

•          The Observer acted within the authority conferred by the Constitution; 
•          The Observer exercised any power not vested in him by the Constitution;
•          The elections were conducted impartially and consistently with the constitutional mandate. 

The complainants do not ask the CEC to presume misconduct but request an impartial determination based on the relevant records.’

D. Responsibility of the General Secretary

As the principal executive officer of the Association, the General Secretary is expected to ensure that elections are conducted in accordance with the Constitution.

The complainants request the CEC to examine whether Shri Umed Kumar, General Secretary, took adequate steps to ensure compliance with the constitutional provisions governing elections or to address the objections raised by members.

E. Adverse Effect on the Association

The recurring allegations regarding election procedures have caused concern among members and have the potential to affect confidence in the democratic functioning of the Association.

It is therefore in the institutional interest of the Association that these issues be independently examined and resolved.

Demand for Records

The complainants request that the following records be preserved and placed before the Central Executive Committee:

1. Orders appointing the Observer.
2. Orders appointing the Returning Officers.
3. Minutes of meetings authorizing such appointments.
4. Election notifications.
5. Electoral rolls.
6. Nomination papers.
7. Scrutiny reports.
8. Withdrawal records.
9. Ballot papers or polling records, where applicable.
10. Minutes of the election meetings.
11. Attendance registers.
12. Correspondence relating to the elections.
13. The preservation of these records is necessary to ensure a fair inquiry and to avoid any dispute regarding the election process.

Prayer

In the circumstances stated above, the complainants respectfully pray that the President and the Central Executive Committee may be pleased to:

1. Register this representation as a formal constitutional complaint.
2. Constitute an independent Inquiry Committee consisting of persons who were not connected with the disputed elections.
3. Call for all records relating to elections conducted in the Circle Units under the Durgapur Zone.
4. Examine whether the appointment of Returning Officers by the Observer complies with Clause 26(c) of the Constitution.
5. Examine the role and conduct of Observer Shri Sanjoy Das in the supervision of the elections.
6. Examine the role and responsibility of General Secretary Shri Umed Kumar in ensuring compliance with the Constitution.
7. Pending completion of the inquiry, consider whether it is appropriate, under the Constitution, to relieve Shri Sanjoy Das of election-related responsibilities so that the inquiry may proceed independently. Any such action should follow the procedure prescribed in the Constitution.
8. If the inquiry establishes constitutional violations, take appropriate action against the persons found responsible in accordance with the Constitution of the Association.
9. If the inquiry establishes that any election was materially affected by constitutional non-compliance, take steps to set aside such election and direct that a fresh election be conducted strictly in accordance with the Constitution.
10. Communicate the decision of the Central Executive Committee to the complainants by a reasoned order.

 
NOTICE

The complainants respectfully state that this representation is submitted as an internal constitutional remedy. They reserve all rights available under law to seek appropriate relief before the competent judicial or statutory forum if the grievances remain unaddressed or if the constitutional issues are not examined in accordance with the Association's rules.

Yours faithfully

Names and Signature of the Complainants