PRABHAT SINGH JAMWAL Vs. IQBAL SINGH

JUDGEMENT

(1.) PRAYER of the appellants for grant of temporary injunction claiming themselves to be the office bearers of the Jammu and Kashmir Bank Officers Association, stood rejected by the 1st Additional District Judge, Jammu vide its order dated 19.08.2009. A suit was filed before the trial court seeking declaration to the effect that appellants/plaintiffs are the legally appointed office bearers of the Association. The trial court while considering the prayer of the appellants for the interim relief, rejected the application of the appellants on the ground that the suit was barred by the principle of res -judicata and it is under these circumstances, the appeal has been filed.

(2.) I have heard learned counsel for the parties.

(3.) THE petitioners are erstwhile office bearers of the Association and their term was to remain for a period of two years which expired on November, 2008. The Constitution of the Association envisaged that the election process of the next term was to be initiated by the office bearers who are on saddle. It seems that no steps were taken by them as a result of which the officers of the bank held election more particularly respondents 1 and 8 and issued a Notification dated 27.02.2009 for holding a general body meeting on 1.3.2009. It seems that meeting held on 1.3.2009 resulted in election of new team of 10 office bearers of the Association vide notification published in Kashmir Times on 2.3.2009. In pursuance to the other notification issued on 17.2.2009 by appellants, eight members were elected as unopposed office bearers of the Jammu and Kashmir Bank Officers Association on 7.5.2009. Resultant effect is that both the parties claim to be elected members of the Association.