MUSLIM ASSOCIATION Vs. PROF.E.BASHEER

JUDGEMENT

(1.) Defendants 1 to 3 in O.S No.2261 of 2016 on the files of the Court of the Additional Munsiff II, Thiruvananthapuram are the appellants in this appeal.

(2.) O.S No.2261 of 2016 is a suit instituted challenging the proceedings initiated by the first defendant association to induct new members in the association. There was an application in the suit for an order of temporary injunction restraining the first defendant association from inducting new members pending suit. Though an ad- interim order of injunction was granted in the said interlocutory application after hearing both sides, the said order was vacated later. The decision on the application for temporary injunction was though taken up in appeal by the plaintiffs, the same was affirmed by the appellate court. The plaintiffs challenged the decision in the application for temporary injunction as affirmed in appeal before this Court in an original petition filed under Article 227 of the constitution. It is seen that when the above matter was taken up, the defendants submitted that elections to the various offices of the first defendant association will not be conducted before the disposal of the suit. In the light of the said submission, this Court closed the above original petition. Later, the suit was tried and dismissed. The plaintiffs challenged the decision in the suit in appeal. In the meanwhile, steps have been taken for conducting elections to the various offices of the first defendant association. The plaintiffs then moved the appellate court for an order to prevent the conduct of the election with newly inducted members in the electoral roll. Though the appellate court has not prevented the election, it directed that the votes shall not be counted. The said order is under challenge in this appeal.

(3.) Heard the learned counsel on either side.