Honorable Delhi High Court directed Apparel Export Promotion Council (AEPC) to clear its stand on the condition of Rs 1 lakh to contest its election, and publicise it accordingly by putting it up on its website latest by July 31, 2016.
In his decision, Honorable Justice Rajiv Sahai Endlaw disposed of the petition filed by Affordable Exports, Delhi, stating that as far as the legality of Election Rule is concerned, qua the same also Supreme Court in Kusum Ingots & Alloys Ltd Vs Union of India (2004) 6 SCC 254, followed by the Division Bench of this Court in Federation of Indian Mineral Industries Vs Union of India MANU/DE/3251/2014, it is not to be tested in vacuum, in the absence of cause of action.
The principle is that though it is possible to bring an action for declaration that a particular statute or action under it is ultra vires or unconstitutional, it depends on the fact that the declaration must disclose a real injury that has or is about to be occasioned.
Also Read – Will AEPC Elections be held again?
Interestingly, on the condition of Rs 1 lakh, senior counsel of AEPC (K Venugopal) states that “though he has no instructions in this regard, [he] expects the same to happen.”
Advocate Vinit Trehan represented Affordable Exports, Delhi (petitioner).
J L Sehgal, President of Apparel House Exporters Association and Rajiv Kapoor, MD, Affordable Exports, Delhi, Ratnesh Malhotra and Sushil Aggarwal are fighting for transparency within the AEPC. The present case is also part of this initiative.
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