The High Court in Lautoka has ordered that the annual general meeting (AGM) of the Then India Sanmarga Ikya (TISI) Sangam Nadi branch be convened and fresh elections for the post of president to be held at that meeting.

Anand Sami Kumar, who was denied the opportunity to contest the position at the March 2022 AGM, had taken Parveen Kumar, the interim chairman of TISI Sangam, Yogeshwar Krishna, the interim secretary of TISI Sangam, and Muni Kamlesh, the elected president of Nadi branch and Sangam Fiji to court after his nomination was declined by the interim TISI committee.

The court has now ruled that Mr Kumar can contest the post. Judge Justice Mohammed Mackie found Mr Parveen Kumar, Mr Krishna and Sangam Fiji upheld an objection against Mr Anand Kumar that was “against the tenor of the said rules and was made without affording the plaintiff (Mr Anand Kumar) an opportunity to properly oppose such an objection.

Undisputedly, the decision of the interim chairman of the fourth defendant (Mr Parveen Kumar) and the second defendant, as the interim general secretary (Mr Krishna), to reject the plaintiff’s nomination for the post of the president, has prevented the plaintiff from contesting at the election thereto, which has led the plaintiff to this court for redress,” the judge said in his October 31 ruling. “It is also undisputed that the objection to the plaintiff’s nomination was raised by none other than another contender for the very post of presidency, namely, Manikkam Gounder.

“It is clear that the plaintiff was not afforded with an opportunity by the 2nd and 4th defendants, to show cause or response to the, purported, charges levelled against him in the said objection.

“The defendants have not adduced even an iota of evidence to establish that the plaintiff, at the time material, had been implicated and found guilty. The injustice caused to the plaintiff in this process can only be remedied by declaring that the decision of the second defendant dated 25 March, 2022 made nullifying the nomination of the plaintiff for the position of president of the Nadi branch of the TISI, is null and void”.