RAJIV SAXENA Vs. STATE OF UP

JUDGEMENT

(1.) This special appeal is against an order passed by the learned Single Judge dated 11.5.2010. A writ petition was filed before the learned Single Judge against an order of the Prescribed Authority hearing an election dispute under Section 25 of the Societies Registration Act, 1860. The Tribunal in the purported exercise of its powers had granted interim relief in an election dispute. The stand of the petitioners was that the learned Tribunal has no jurisdiction to grant the interim relief in the absence of any specific power so conferred on the Tribunal. The contention of the respondent-appellants herein was that the power to grant final relief would include the power of granting interim relief. The learned Single Judge after considering the rival contentions held that there is no power in the Tribunal to grant interim relief. It is against that order the present special appeal has been filed.

(2.) A preliminary objection has been taken on behalf of the respondents that in terms of Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952 a special appeal would not be maintainable as the petition arose in respect of an order passed by the Tribunal. The relevant rule is being quoted below:

(3.) On the other hand the learned counsel for the appellant placed before us several judgments of Division Benches of our court to point out that in the instant case the appeal is maintainable and the Tribunal has jurisdiction to grant interim relief.