MAHARAJ SINGH Vs. NORTHEREN RAILWAYS UNION

JUDGEMENT

(1.) . This is an application for ad interim injunction under Order 39 Rule 1 and 2 CPC, praying for an order restraining the defendants 1 and 2 from declaring the result of election which has allegedly taken place on 9.6.2001. The alternative prayer in the event of results having already been declared, is to restrain the defendants from acting upon the same, or making any appointment to the post of office-bearers on the basis of the said "election".

(2.) . The subject matter of the main suit for declaration, is the elections to the Tughlakabad Main Branch of the Defendant's Union. It is stated that about 2600 members elect 65 delegates, who in turn elect the Executive Body which conducts the affairs of the Defendant's Union.

(3.) . The case of the plaintiff/ applicant, is that the previous elections had been held on 26.12.96 and the term of office of two years, expired on 25.12.98. As such the process of next election, was to start about two months prior thereto, and accordingly a notice dated 30.9.98 was published inviting nominations for the proposed elections.