TAPASH MAJMUDER Vs. PRANAB DASGUPTA

JUDGEMENT

(1.) Both the aforesaid two applications have been made in connection with the aforesaid suit which has been filed by the plaintiffs for the reliefs amongst others of declaration that the purported final voter list prepared at the instance of the present Executive Committee is null and void, illegal, fraudulent and ineffective and not binding on the plaintiffs and the members of the Club; the declaration that the said purported voter list be delivered up and cancelled; preparation and correction of the final voter list by Special Officer or Administrator to be appointed by the Hon'ble Court and inclusion of the names of all eligible members of the voter list and correction of the voter list by correcting address, declaration that the Rule 11 (e) of the East Bengal Club Rules is null and void and not binding upon the plaintiffs and other members of the Club and cancellation of the Rules and other consequential reliefs.

(2.) The first mentioned application being G.A. No. 2392 of 2004 was taken out immediately after filing of the suit for the interlocutory reliefs asking for appointment of Special Officer for the purpose of conducting the election for Executive Committee of the said Club under his supervision in such a manner and on such terms as the Hon'ble Court may seem proper and also other necessary direction upon the Special Officer to be appointed for the purpose of scrutinizing and verifying the purported voter list prepared by the present Executive Committee and to publish a fresh voter list after removing the discrepancies therein. At the interim stage the plaintiffs/petitioners were unsuccessful in obtaining the order of appointment of Special Officer for the purpose as mentioned in the application and also in obtaining order of injunction from holding any election. The Hon'ble Mr. Justice Subhro Kamal Mukherjee was pleased not to pass any interim order interfering with the election. His Lordship was pleased to give direction for filing affidavit and also, made clear that the result of the election shall abide by the result of the instant application. The order of the Hon'ble Mr. Justice Subhro Kamal Mukherjee dated 5th July, 2004 was taken to Appeal Court. The Appeal Court did not interfere with the order of the learned trial Judge rather affirmed the same with reasons and was pleased to dismiss appeal by an order dated 12th July, 2004. The petitioners herein being aggrieved with the order dated 12th July, 2004 of the Division Bench approached the Hon'ble Apex Court. The Hon'ble Supreme Court by an order dated 6th August, 2004 declined to interfere with the election process and refused to grant any relief to the petitioners except granting liberty to the petitioners of filing their objections before the learned single Judge challenging the election. It was made clear by the Apex Court that the objections, which might be raised by the petitioners before the learned single Judge be heard and decided summarily without regard to the nature and scope of the suit. It was clarified by the Hon'ble Apex Court that in the event the learned single Judge feels that the proper elections have not been held and a case for holding elections afresh made out then the learned single Judge will be at liberty to direct elections being held afresh and pass appropriate incidental and consequential orders.

(3.) Therefore, net result was that the election had been held and that is made subjected to the scrutiny of this Court. Pursuant to the aforesaid leave granted by the Hon'ble Apex Court the petitioners have taken out fresh application being the second mentioned stating the facts and circumstances of the post-election period and prayed in this application for setting aside the election already held for the post of Executive Committee and further newly elected Executive Committee be restrained from conducting the affairs and taking part in the management and administration of the Club. Further, it has been made in the present application for appointment of special Officer for conducting the affairs of the East Bengal Club and its management and administration and for holding fresh election.