VASANT DEOLAL BHAWSAR Vs. LALJI POHUMAL PANJWANI SECRETARY

JUDGEMENT

(1.) THIS petition is by a practising Advocate who has appeared in person before us and who happened to be the Chairman of the pradhan Park Co-operative Housing Society Limited, Nasik.

(2.) HEARING the petitioner, in person and going through the impugned orders we are not inclined to interfere. Though the petitioner has raised certain legal contentions before us and on which contentions, according to the petitioner, he is also supported by certain authorities, we are nevertheless not interfering in the matter because, as the record indicates, the petitioner has lost confidence of almost every member of the Society except himself. One who has lost confidence of almost every member of the Society has, in any event no moral right to continue as Chairman. Better course for the petitioner in his capacity as a practising Advocate should have been to tender his resignation. He, however, does not appear to have done that. Be that as it may, this Court in its jurisdiction under Article 226 of the Constitution will not interfere in favour of one who has lost confidence of almost every member of the Society.

(3.) IT may also be stated that the petition is filed at an interlocutory stage of the proceedings. The Courts below declined to grant interim relief pending the main dispute. Of course, by the time the dispute is decided the tenure of the petitioner as Chairman would even otherwise come to an end. However, this Court rarely interferes in interim or interlocutory matters here, the no confidence is all the more justified for the reason noted above viz. , that the petitioner has lost confidence of almost every member of the society.