KEYUR D SHAH Vs. MEHUL GANDHI

JUDGEMENT

(1.) The applicant, a member of the Gujarat Sales Tax Bar Association and Sales Tax Practitioner (hereinafter referred to as the "Association") has preferred present application seeking leave to prefer a Letters Patent Appeal against the common order dated 25-10-2010 passed by the learned Single Judge in the writ petitions being Spl. C.A. No. 11185 of 2010 and Spl. C.A. No. 7466 of 2010. The applicant has preferred similar application for similar relief in Spl. C.A. No. 7466 of 2010 hence both the applications are decided by common order.

(2.) The fulcrum of the said petitions was election of the Managing Committee (hereinafter referred to as "Committee") of the said Association. The applicant claims that he was elected as President in the election held on 23-9-2010, however subsequently, the learned Single Judge passed order dated 25-10-2010, (which is, apparently, a consent order or "ad-invitum" order) in view of which fresh election of the Committee of the said Association were to be held under the supervision of an officer to be appointed by the Registrar General of the High Court. In the applications the applicant has claimed that he is a "party affected", and therefore, has sought leave to file Appeal(s) against the said common order. The applications are strenuously opposed and resisted by the Respondents on diverse grounds. Having regard to the nature of the applications, Rule. Learned Advocate for the Respondent/s has waived service of Notice of Rule. With the consent of the learned Advocates the applications are heard for final decision.

(3.) So as to appreciate the controversy and also the vehemence and acrimony with which the applications are supported and contested, it is necessary to travel through the events which mark the trial up to the presentation of present applications.