Free Judgments

Balbir Verma vs The Indian Institute Of … on 22 September, 2015

1. The unsuccessful petitioner in W.P.(C) No.6422/2015 is the
appellant before us.
2. The said writ petition was filed assailing the order of the Indian
Institute of Architects (IIA) / Respondent No.1 herein declaring the
nomination filed by the writ petitioner / appellant herein for election to
the Council of Architecture for the term 2015-2018 as invalid / ineligible
and seeking a direction to IIA to permit the writ petitioner to contest the
said election.
3. Sub-section (5) of Section 6 of the Architects Act, 1972 (for short
„the Act‟) provides, “the Members of the Council shall be eligible for re-
election or re-nomination, but not exceeding three consecutive terms”.
The appellant‟s nomination was rejected declaring him as ineligible in the
light of sub-section (5) of Section 6 of the Act. The appellant / writ
petitioner assails the action of the IIA in rejecting his nomination
contending inter alia that the election process in the year 2007 never
culminated in issuance of the notification and, therefore, the fact that he
had contested the elections in the year 2007 and was elected cannot be
taken into consideration for the purpose of Section 6(5) of the Act.

Source: Indian Kanoon