NIRANJAN SINGH Vs. EDWARD GANJ PUBLIC WELFARE ASSOCIATION

JUDGEMENT

(1.) PRAYER has been made in this petition to the following effect;

(2.) THE election held on September 8, 1975, be declared illegal and void being against the provisions of the Companies Act, 1956, and the memorandum and articles of association of the company. In Panipat Woollen and General Mills Co. Ltd. v R. L. Kaushik [1969] 39 Comp Cas 249 (Punj), P. O. Pandit J. , under similar circumstances, held that there is no provision in the Companies Act, which debars a civil court to entertain a suit for declaration that a director of the company was or was not properly elected. In particular it was observed as under :

(3.) IN view of this I hold that this petition is not competent before me and the only remedy available to the petitioner is to file a civil suit. The petition is accordingly dismissed.