NIRANJAN LAL GUPTA Vs. GURMEET SINGH BAWEJA

JUDGEMENT

(1.) The two plaintiffs have instituted this suit (i) for declaration of the election on 24th November, 2011 of defendant no.4 Mr. Bal Malkit Singh and defendant no.5 Mr. Kultaran Singh Atwal to the post of President and Vice President (North Zone) respectively of the defendant no.3 All India Motor Transport Congress for the term 2011-2013 as illegal, null & void; (ii) for mandatory injunction directing the defendant no.1 Election Officer to recount the votes taking into account eight votes which were illegally declared as rejected and to thereafter declare the two plaintiffs as successful on the said posts of President and Vice President (North Zone) of defendant no.3 for the term 2011-2013; and, (iii) for permanent injunction restraining the defendants no.4&5 from representing themselves as President and Vice President (North Zone) of the defendant no.3.

(2.) Summons of the suit and notices of the application for interim relief were issued and vide ex parte order dated 28th November, 2011 the defendant no.1 Election Officer was directed to produce the record of elections to the said posts on the next date of hearing. The said record in the form of a sealed ballot box was produced and the satisfaction of the parties that the seal thereon had not been tempered was recorded in the order dated 2 nd December, 2011; sixteen ballot papers, eight for the post of President and eight for the post of Vice President which were the subject matter of controversy were also taken out and kept on the Court file on the same day and the ballot box along with the remaining ballot papers returned to the defendant no.1 Election Officer. Vide reasoned order dated 5th December, 2011 the application of the plaintiffs for interim relief restraining the defendants no.4&5 from taking charge on the post of President and Vice President (North Zone) and for staying the operation of the result declared on 24th November, 2011 of the election was dismissed. FAO(OS) No.603/2011 & FAO(OS) No.604/2011 preferred by the two plaintiffs respectively against the said order were vide order dated 19th December, 2011 dismissed as not pressed, expediting the trial.

(3.) It is the case of the plaintiffs:-