CHEHRABHAI KALYANBHAI Vs. DESAI DHARMSINBHAI TALJIBHAI

JUDGEMENT

(1.) This Civil Application arises out of the election for the constituency of agriculturists which was held on 30/11/1985 and the results of which were declared on 1-12-1985, in connection with Patan Agricultural Produce Market Committee. The election came to be challenged and till today, even after lapse of about 3 years, the elected candidates have not been able to assume office because of the present litigation and the old Committee continues to occupy the office, though its term had expired in 1985, including the Chairman who has lost in this election.

(2.) The present applicants (appellants) are the original petitioners who challenged the election of the candidates elected from the constituency of agriculturists. That constituency consists of the members of Managing Committee of Co-operative Societies. One of the applicants is a brother of the Chairman of the outgoing Market Committee who had lost election in Dccmebcr 1985 and who continues to occupy the office even after expiry of his term, because the newly elected members of the Market Committee have not been able to assume office.

(3.) The applicants submit that they have very strong prima facie case and the election is likely to be set aside and therefore the ad interim relief which is already granted for maintaining status quo should be continued till the appeal is decided. It is contended that since the Letters Patent Appeal is admitted, the judgment of the learned Single Judge is required to be stayed and the elected members arc required to be restrained from participating in the election of President and Vice-Prcsidcnt and the election of the President and Vice-Prcsident is required to be stayed.