INDIAN INSTITUTE OF INSURANCE SURVEYORS AND LOSS ASSESSORS CIN: U80902TG2005NPL047675 Registered Office: 6-1-73, Office No. 104 & 106, First Floor, Saeed Plaza, 500004, , . E-mail: [email protected] Website: http://www.iiisla.co.in/ Tel: 040-23261072, 23261073.

Date: 03rd November, 2020 STAY ORDER ON ELECTIONS FOR IIISLA-NORTH-EAST CHAPTER

Dear members,

The Hon’ble Gauhati High Court Vide its order dated 02nd November, 2020, in W.P(C) No. 4604/2020, stayed conducting the Elections for IIISLA-North-East Chapter, copy of the order is attached herewith. Accordingly, the Elections for the IIISLA-North-East Chapter is withheld.

Regards Election Officer IIISLA

Page No.=|

GAHCOI0156872020

Posting date to Application Date on which copy Fees pad (Rs Application No Received on was made réady DeliveryDesk C 100 00 03/11/2020 493234 03/11/2020 03/11/2020

THE GAUHATI HIGH COURT PRADESH) AND ARUNACHAL (HIGIHCOURT OF ASSAM. NAGALAND. MIZORAI

Case No. : WP(C)4604/2020

GOGOI AND 4 ORS GOLAPS/O-LATEBR GOGOI, R O GAMES VIIIAGE. BI OCK NO A6, FIAT NO ASSAM 102. BORSAJAL, BASISTHA G WAAII29, DIST RAMRU P(M). 2 SNIASISH NAT RIIO MIK Age Occupation SOLAT KSHITIS NATH B1iOW MIK RUPNAGAR NI ARBRAIMAKMARI PO INDRAPUR PS PALT ANBA/AR GUWAIATI 78103 DISIAMRUPM ASSAM

SOBHAN MAILA BU 7AR BART AH Age Occupaton SOIA RAINA MAIIA BZAR BARUA IINO RB ROAD PO AND PS BHARAIUMU Ki GlWAATI 81009 DIST KAMRU PM) ASS AM

4SARBS\DHA DEWAN

Occupaion SOIl1 SANTI RANJAN DE WAN MONOMO11 COMPI IN ND EIOOR BAR AB A/ \R PO PANDU Page No.# 2/7

P.S. JALUKBARI GUWAHATI- 781012 DIST.- KAMRUP(M) ASSAM.

5: SANJIB SINHA Age: Occupation S/O- LATE SUNAMONI SINHA TARUN NAGAR BYE LANE NO. 6 P.O. DISPUR P.S. BHANGAGARH GUWAHATI- 781005 DIST- KAMRUP(M) ASSA

VERSUS

DEVELOPMENT AUTHORITY OF THE INSURANCE REGULATORY AND INDIA AND 13 ORS. FINANCIAL DISTRICT, HAVING ITS HEAD OFFICE AT SY NO. 115/1, HYDERABAD- 500032, REP. BY THE NANAKRAMGUDA, , INSURANCE SURVEYORS AND CHAIRMAN. 2:THE INDIAN INSTITUTE OF LOSS ASSESSORS Age: 0 Occupation 6-1-73 HAVING ITS REGISTERED OFFICE- OFFICE NO. 104 AND 106 FIRST FILOOR SAEED PLAZA LAKDI KA PUL HYDERABAD- 500004 TELENGANA INDIA REP. BY THE PRESIDENT.

INDURANCE SURVEYORS AND LOSS 3:THE INDIAN INSTITUTE OF ASSESSORS Agc:0 Occupation: NORTH EAST CHAPTER

HAVING ITS OFFICE AT LAMB ROAD UZAN BAZAR NEAR UGARTARA DEVAILAYA GUWAHATI-01 DIST- KAMRUP(M) ASSAM REP. BY THE SECRETARY. Page No.t 3/7

4:MR. R. RAMKRISHNA GUPTA Age: 0 Occupation ELECTION OFFICER FLAT NO. T. 202 TECHNOPOLIS 1-10-74/BB ABOVE RATNADEEP SUPER MARKET CHIKOTi GARDENS HYDERABAD- 500016.

5:NATIONAL SECURITIES DEPOSITORY LIMITED Agc: 0 Occupation HAVING ITS HEAD OFICE AT TRADE WORLD AWING 4TH FLOOR KAMALA MILLS COMPOUND LOWER PAREL MUMBAI-400013 REP. BY THE MANAGING DIRECTOR AND CEO.

6:AMAR CHANDRA SEAL SARMA Age: 0 Occupation S/O- UNKNOWN KRM APARTMENT 4/G MAGZINE VIP ROAD P.O. HENGRABARI GUWAHATI- 781036 DIST.- KAMRUP(M) ASSAM

7:BIRINCHI KUMAR DAS Age: 0 Occupation S/O-SRI RAM KUMAR DAAS BRINDABAN HATI BARPETA ASSAM PIN- 781301.

8:DEBOJYOTI SARMAH Agc: 0 Page No.f# 4/7

Occupation: S/0-UNKNOWN KRISHNA MARKET NEAR D.R. BRIJMOHAN. A.T. ROAD JORHAT- 785001 ASSAM.

9:JITEN KALITA Age: 0 Occupation S/O-UNKNOWN BLAZON SURVEY CO. DOHA BORA ROAD JORHAT- 78500 ASSAM.

10:RUPAK DEKA Age: 0 Occupation: S/0-UNKNOWN KANARA BANK) LAXMI MARKET (NERA GANESHGURI CHARIALI G.S. ROAD GUWAHATI- 781006.

11:SANDIP ROY Age: 0 Occupation : S/O-UNKNOWN SANKARDEV PATH P.O. SRIPURIA TINSUKIA- 786145 ASSAM.

12:SHANKAR BAROOAH Age: 0 Occupation S/0-UNKNOWN C/O-GAUTOM MEDICOS NEAR HANUMAN MANDIR NEW GUWAHATI- 781020 ASSAM.

13:SHISHIR GOSWAMI Age: 0 Occupation S/O-UNKNOWN NEAR UGRATARA DEVALAYA 30 Page No.# 5/7

LAMB ROAD UZANBAZAR GUWA1ATI- 781001.

14:SURAJIT CHOUDIHURY Age: 0 Occupation: S/O- UNKNOWN H/NO. 20 LACHIT NAGAR BYE LANE NO. 8/1 ULUBARI GUWAHATI- 781007 ASSAM

Advocate for the Petitioner MR. A DAS

Advocate forthe Respondent

BEFORE SOUMITRA SAIKIA HONOURABLE MR. JUSTICE

ORDER 02.11.2020

mention in in this Vacation Court today by making a This writ petition has been moved Court.

assisted Mr. N.I. Khan, learned counsel appearing Heard Mr. A. Das, learned counsel by for the for the petitioners. None has appeared respondents.

Loss Assessors under the Insurance The petitioners are Surveyors and registered of India. to the petitioners the Indian Regulatory and Development Authority According and Loss Assessors is a under the Institute of insurance Surveyors Company registered 2013 but is under the and control Companies Act, 1956 read with Companies Act, supervision of India. of the Insurance Regulatory and Development Authority

For the Chapter and Zonal Elections, 2020, a Notification was issued on 03.10.2020 by Election Officer appointed laying down the procedure for election. The Election is required Page No.ft 6/7

of thc Associations of the Company. to De neid under Article 52(2) (vii) & (xvi) of the Articles involved for the Chapter ana By the said Notification, the timelines for the various activities nominations rors as the scrutiny of Londi Election for the ycar 2020 were modified. In so far Notification dated No. to (f) of the dre concerned, the procedure is laid down Sl. (a) 03.10.2020 (at Page-80 of this writ petition). terms of the petitioners in petitioner submits that M. A. Das, learned counsel for the and the same was submitted their nominations the said Notification dated 03.10.2020 nomination on as valid and published its website accordingly accepted and declared is concerned, the far as the North-East Chapter 16.10.2020 the Election Officer. In so by the 14. thus situated, at SI. Nos. 4, 6, 7, 13 & Being names of the petitioners appeared schedule (amendment up-to-date). the date as per petitioners were awaiting for polling a final list of Notification dated 21.10.2020 However to the surprise of the previous the Election Officer. The to Counsels was published by candidates eligible for Election Chapter North-East Chapter is concerned, the fact that in so far as the petitioners are aggrieved by of the final list of the candidates. reflected or found to be a part their names are not and/ Election Officer various E-Mails have represented before the by Being aggrieved, they list of valid nominated the names had appeared in the raising their concerns that although the have been found to be dropped from subsequent candidate list on 16.10.2020 but they have not been However till date the respondents E-Mails final list which was published. Election Officer. responded to by the submits that the Elections are scheduled to be held Learned counsel for the petitioner which to be 03.11.2020 from 7:00 AM in the morning through E-Voting tomorrow, i.e., on National Securities Depository Limited. conducted by the respondent No.5/

has drawn the attention of this Court to the Learned counsel for the petitioners Notification dated 03.10.2020 for scrutiny of nomination papers. procedure laid down in the

counsel for the petitioners and have also perused the I have heard the learned the Election laid down in the Notification documents available on records. As per procedure of nomination it is seen that at Sl. dated 03.10.2020 at SI. No. 2, regarding scrutiny forms, nomination forms are valid shall be on its website No.-C, list of candidates whose published Page No.# 7/7

of the is available at page-121 been done on 16.10.2020 and the same has accordingly for hich & E are meant provided at Sl. Nos. D Thereafter, it is seen that the procedure netition. No.-C. found in the final list at SI. candidates whose names are not those final candidature, the from the withdraws his name(s) a In other words, unless person are found nomination forms candidates whose nanmes of the the should include the circumstance, list at Sl No.-F the Clause-C. Under website as per published on the has not been to be valid and laid down that the procedure make out the case been able to the petitioners petitioners have the names of notwithstanding and the Officer appointed found at in Election are not followed the the same by page-128), nominations (at of valid shown in the list page -140). being Chapter Counsel (at for Election to the candidates eligible final list of 01.12.2020. returnable on Issue Notice, notice upon Accordingly, service of take steps for permitted to petitioner is and also counsel for the with A/D Learned registered post along respondents by proforma including date fixed. the respondents before the next affidavit of compliance E-Mail and file an of tomorrow, i.e., by way to be held Election proposed orders, the until further is concerned, In the meanwhile, North-East Chapter far as the morning, in so 7:00 AM in the 03.11.20020 from

shall remain stayed. continued as other Chapters be in respect of the that the Election also made clear to file It is respondents are at liberty ex-parte, the this order is passed Schedule. Since, per if so advised. of the interim order, alteration/ vacation application seeking

01.12.2020. List this matter on Sai kia sA- Soumilra JUDGE

CÓPY; CERTIFIED TOBETRUE oa// 2020 Pdey iagta.uos Comparing Assistant Date. O3/11 UD.. Administrative Officer iJudiclal Copying Section Gauhati High Court Act 1, 1872 Authorised U/S 76,