ROLLAND WILIAMS Vs. J ALEXANDER

JUDGEMENT

(1.) THESE two applications have been made by the interveners/applicants under Order 1 Rule 10 CPC for impleadment and for clarification of the order dated 12. 11. 2008. It is submitted by the intervener that the elections of YMCA are going to be held on 5. 2. 2009 in terms of the orders of this Court dated 24. 10. 2008 and 12. 11. 2008. The applicants are not being allowed to participate in the elections on the basis of fact that the names of the applicants do not appear in the list of year 2007. Names of the applicants appeared in the list of 2006, the applicants had paid their contribution/fee subsequently for year 2007 and 2008. The names of the applicants do not appear in the list of 2007 because the fee was paid late however, the applicants? names appear in the subsequent list but the applicants are not being allowed to participate in the elections in view of misconstruing of the order of this Court and in view of the deliberations held on meeting of 01. 11. 2008. Deliberations of the meeting held on 01. 11. 2008 have been placed on record. In the deliberations, the following observations appeared: 03. 335 YMCAs out of 556, which are entitled to participate in the election process are required to clear the dues of the years 2007 and 2008 before December 31, 2008. The dues deposited by the YMCAs shall be kept in a separate account by the National Council of YMCAs and the Account shall not be operated till the newly Elected Body is duly constituted. The National Council of YMCAs shall prepare a list of YMCAs before November 12, 2008, which have not cleared the dues of 2007 and 2008. While preparing the list, it shall also specify the amounts due from the respective YMCAs.

(2.) THE Counsel for the petitioners submits that since the election process had started and the date of election has also been fixed as 5. 2. 2009, any interference by this Court at this stage would result into grave difficulty and postponement of elections further. The elections of the institute have not been held in the year 2007 when they were due and due to the intervention of the applicants the same shall be further postponed.

(3.) IT is undisputed that the committee to be elected as a result of the election would be elected for a statutory period of 03 years. This Court in the order dated 24. 10. 2008 had observed that basis of the elections shall be 2007 list as the list for year 2008 was yet to be finalized. It is a case of the petitioners also that list of 2008 is finalized by 31. 12. 2008 and thereafter corrections are made in the list on the basis of representations upto 31. 3. 2009 therefore, holding of elections on the basis of list of 2008 was not possible and this Court ordered for holding of elections on the basis of list 2007. I consider that the directions of this Court are very clear and the elections are to be held on the basis of list which was finalized up to 31. 3. 2008 by the process which is being pleaded by the petitioner. The elections cannot be held on the list of 2008, which is yet to be finalized and had to be held on the basis of list finalized up to 31. 3. 2008 i. e. 2007 list, which includes names of all those persons, who had paid their fee for the year up to 2007 and the list has been corrected and finalized up to 31. 3. 2008.