RUPALI DEY Vs. EAST CALCUTTA GIRLS COLLAGE

JUDGEMENT

(1.) The petitioners are students of East Calcutta Girls' College, Lake Town (hereafter the college). As plaintiffs, they instituted a suit for declaration and permanent injunction registered as Title Suit No. 41 of 2011 in the Court of the learned Civil Judge, Junior Division at Sealdah.

(2.) Case made out in the plaint is that a process had been initiated by the Principal of the college for election to the Union Council (i. e. Students' Union) vide notice dated 14.01.2011. In terms thereof, 01.02.2011 was proposed as the date of election. The petitioners alleged that the Principal of the college had no authority to issue the notice dated 14.01.2011; additionally, the process was sought to be conducted not in conformity with the rules and regulations for holding election. Decree for declaration that the notice dated 14.01.2011 is void ab initio, illegal and inoperative was prayed for. Also, mandatory injunction restraining the defendants in the suit from holding election on the basis of the impugned notice was claimed.

(3.) In connection with the suit, the petitioners intended to move a petition under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereafter the 'Code') on 27.01.2011. The Trial Court noticed that one Sonamika Dey had lodged a caveat related to the affairs of the college. Hearing was accordingly adjourned. On 28.01.2011, the said Sonamika Dey filed a petition under Order 1 Rule 10(2) of the Code. She also filed a written objection to the petition under Order 39 Rules 1 and 2 filed by the petitioners.