E.M. AHMU Vs. P.R. RAMALINGAM

JUDGEMENT

(1.) HAS the appellate Court in an appeal from an order granting ad interim injunction power to hear and dispose of the appeal on merits? This is the precise question that arises in this civil revision petition.

(2.) ELECTIONS were recently held in this State for electing members to the District Congress Committee, Kerala Pradesh Congress Committee, Mandalam Committee, etc. Elections were proposed to be held in Thrissur District also along with the election in the other Districts. Elections to Booth Committees and elections of the Presidents of those committees and delegates to block committees were conducted on 19th January 1992. The election to the D.C.C. and K.P.C.C. by the members of the block committees so elected was scheduled to be held on 28th January 1992. In the meantime revision Petitioner filed the suit O.S. 149/92 before Sub Court, Thrissur seeking an injunction restraining the Respondent, the Returning Officer from conducting the elections to the K.P.C.C. and D.C.C. alleging that the list of elected members had not been published and Plaintiff could not file his nomination as a candidate for such election. A mandatory injunction directing Respondent to produce the list showing the names of the polling officers and observers and to publish the list of elected members was claimed apart from a prohibitory injunction restraining first Defendant from conducting the elections to K.P.C.C. and, D.C.C.A petition for temporary injunction was also moved by the Plaintiff. An ad interim injunction was granted. Respondent 1st Defendant filed an application for advancement of hearing and hearing of the petition was advanced to 3rd February 1992. According to the first Defendant the election to K.P.C.C. was scheduled to be held on 31st January 1992 and the election process in Thrissur District had to be completed before that date. An appeal was therefore filed against the order of ad interim injunction before District Court, Thrissur. Revision Petitioner took notice of the appeal and entered appearance. The District Court heard both sides and by order dated 30th January 1992 the appeal was allowed and the injunction granted by the trial Court was vacated. That order is under challenge in this revision.

(3.) HAS the appellate Court all the powers of the trial Court to consider a prima facie case and other relevant aspects for the first time as if it is hearing a petition for temporary injunction? Is the appellate Court competent to consider all the relevant documents and pleadings and pass an order of temporary injunction finally disposing of the application? Has the appellate Court jurisdiction to hear and dispose of such an application on an appeal presented against an order of ad interim injunction? These questions require an answer in this revision petition.