DESHPANDE SURESH HARIHAR Vs. MORESHWAR J WAITY

JUDGEMENT

(1.) HEARD Shri Raghuvanshi for the Appellants and shri Kedia for Respondents

(2.) THIS is an appeal against an ad interim order in terms of prayer (a)of the Notice of Motion in a suit filed by the respondents for challenging the election of the appellants to the posts of the President, Chairman, State treasurer and Vice-President of the Maharashtra Council of Youth Hostels association of India. It appears that as per the election programme, nominations were filed on 9th May, 1992 and after completing the other formalities, polling took place on 28th June, 1992 and results were declared on 29th June, 1992. The first appellant was elected as the President, the second appellant was elected as a Chairman, the third appellant was elected as State Treasurer and the fourth appellant was elected as Vice-President of the Maharashtra council of the said Association. The election is for three years and hence fresh elections would be due in the month of June, 1995.

(3.) THE suit has been filed on 4th July, 1992 challenging the election on certain grounds inter alia, eligibility of the appellants to contest the said election. I am not reiterating the pleadings since both the learned Counsel agree that no elaborate reasons are necessary for disposal of this appeal since, by consent, suit itself is to be disposed of before the end of April, 1994. It is true that the respondents alleged certain irregularities and/or illegalities in the conduct of the election. The short point which Shri Raghuvanshi has, however, raised is that it is well-settled that pending a challenge to the election, normally, in our country, no injunction is granted against an elected member or an office bearer of the association. His submission is that if such an injunction were to be granted, no democratic body would be able to function, since on some ground or the other an election petition can be filed and injunction can be applied for. Reliance is placed on the decision of this court in the case of Jagannath Pundlik and others v. Sukhdeo Onkar Wankhede and others, 1967 Mah LJ 126.