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2004 (4) TMI 647

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..... ficers of specified societies (1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in section 73-G. (2) After the election of the members of the committee and, where necessary, co-option or appointment, as the case may be, of members to the reserved seats under section 73-B or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws but any meeting of the committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf." Here itself it would be relevant to reproduce the relevant bye- laws of the society as under:- "Bye-law No.18. .....

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..... ection 11.12.2003 11.00 to 12.00 a.m. Distribution of nomination papers & acceptance of nomination papers 11.12.2003 12.00 noon to 12.15 p.m. Scrutiny of nomination papers 11.12.2003 12.30 p.m. to 13.00 p.m. Withdrawal of nomination papers 11.12.2003 14.00 noon If felt necessary, then voting, counting & declaration of result of election. (underlining by us) Simultaneously with the notification of the election programme, the Managing Director of the Sangh issued notices to all the Directors informing them of the meeting scheduled to be held at 2 p.m. on 11.12.2003. The election programme was also communicated to all the Directors. On 11.12.2003, at 11.48 a.m. the appellant filed his nomination paper the receipt whereof was issued by .....

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..... e office of Chairman. But he received no response. On 17.12.2003, he filed a writ petition in the High Court of Bombay, Bench at Aurangabad seeking quashing of the order dated 11.12.2003 passed by the Tehsildar-cum-Returning Officer and a command to complete the election programme as scheduled by resuming the same from the stage at which it had stopped. In substance the appellant sought for his being declared the duly elected Chairman of the Sangh. The appellant also sought for an ad-interim writ to the same effect. The petition remained pending alongwith the prayer for interim relief. In the meantime, on 26.12.2003, the Collector announced fresh election programme convening a meeting to be held on 5.1.2004. The whole process of election wa .....

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..... on followed in practice is by way of just self-imposed discipline. The Courts and Tribunals seized of the proceedings within their jurisdiction take a reasonable time in disposing of the same. This is on account of fair procedure requirement which involves delay intervening between the previous and the next procedural steps leading towards preparation of case for hearing. Then, the Courts are also over burdened and their hands are full. As the conclusion of hearing on merits is likely to take some time, the parties press for interim relief being granted in the interregnum. An order of interim relief may or may not be a reasoned one but the factors of prima facie case, irreparable injury and balance of convenience do work at the back of the .....

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..... it would prick the conscience of the Court and do violence to the sense of justice, resulting in injustice being perpetuated throughout the hearing, and at the end the Court would not be able to vindicate the cause of justice. Obviously such would be rare cases accompanied by compelling circumstances, where the injury complained of is immediate and pressing and would cause extreme hardship. The conduct of the parties shall also have to be seen and the Court may put the parties on such terms as may be prudent. The present one is a case where we are fully satisfied that a foolproof case for the grant of interim relief was made out in favour of the petitioner in the High Court on the basis of the material available before the Court. There was .....

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..... an half of the time has already elapsed and in the absence of interim relief being granted to him there is nothing which would survive for being given to him by way of relief at the end of the final hearing. It is pertinent to note that in spite of the respondents having been noticed by this Court none has made appearance excepting the State of Maharashtra and the State too has not chosen to file any counter affidavit. The appeal is allowed. The impugned order dated 5.1.2004, in so far as it rejects the prayer for the grant of interim relief, is set aside. The prayer for the grant of interim relief as made by the writ petitioner/appellant is allowed. The respondents are directed to announce the result of election in accordance with the elec .....

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