SANDEEP AGARWAL Vs. ADARSH CHADHA

JUDGEMENT

(1.) On 17th May, 2002, after hearing learned Counsel for the parties, we issued certain directions and held that the Special Appeal is maintainable, reasons of which to be recorded later on

(2.) Now we record the reasons, which are as under These two Appeals arise out of the order dated 5th April, 2002 passed by learned Single Judge in Writ Petition No 1009 (MS) of 2002 whereby directions have been issued to the Registrar, Firm, Societies and Chits, U P, Lucknow, to hold the election of the Managing Committee on 20 5 2002 after due publication The learned Single Judge has further directed the Registrar to hold the election on the basis of the list which was valid on 21-03-1999, when the last election of the Man aging Committee was held and to ignore all the resolutions of the Managing Committee which were passed subsequent to 21 3 1999 by which Membership of some of the members was cancelled and the new members were enrolled

(3.) Appellants in Special Appeal No 123 (MS) of 2002 were Respondents Nos 5 & 6 in Wnt Petition No 1009/MS/02 whereas the Appellants of Special Appeal No 122 (MS) of 200? were not party to Writ Petition No 1009/MS/02 but have preferred this Appeal on the ground that the impugned order dated 5 4 2002 curtails their vested right of franchise as they are duly enrolled Members of the Gymkhana Club and deliberately they were not unpleaded as party in Writ Petition No 1009/ Vs/02 so as to suppress the material and correct facts and to mislead the Court