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LPA/310/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 310 of 2011
In
SPECIAL CIVIL APPLICATION No. 2017 of 2011
With
CIVIL
APPLICATION No. 2039 of 2011
In
LETTERS PATENT APPEAL No. 310 of 2011
=========================================================
CHARUTAR
VIDYA MANDAL & 8 - Appellant(s)
Versus
VINUBHAI
MAGANBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Appellant(s) : 1 - 9.
MR SHIRISH JOSHI for Respondent(s) : 1 -
3.
None for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 18/02/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
This
Appeal has been preferred by the appellant (respondent) against the
order dated 15th February 2011 whereby the learned Single
Judge, while issuing rule and notice as to interim relief, passed
ad-interim order staying the election of President and Council
Members of appellant – Charutar Vidya Mandal (hereinafter
referred to as ‘Education Trust’).
We
have heard counsel appearing on behalf of the appellant-respondent
and counsel appearing on behalf of the contesting first, second and
third writ petitioners. Joint Charity Commissioner being a formal
party, no notice be issued.
From
the impugned order, it appears that the learned Single Judge accepted
the submissions made on behalf of the respondent – writ
petitioners that various irregularities have been committed, which
led to only conclusion that the affairs of the Education Trust are
hijacked by the appellant-respondent and the same are managed
according to their whims and not in accordance with the Trust-deed
and the rules and regulations. Notice for interim relief has been
issued but interim order for stay of election has been passed. From
the record, it will be evident that election is scheduled to be held
on 6th March 2011. Prior to order of stay passed by the
learned Single Judge staying the process of election, notification
had been issued and thus election process started. In our view, once
election process is started, normally the Court should not interfere
with such process of election though it will always open to the Court
to suggest that any action or decision will be subject to the writ
petition.
In
this background, we are of the view that the learned Single Judge,
instead of granting ad-interim relief, ought to have decided the case
on merits after notice to the parties, making it clear that any
action or election in the mean time shall be subject to the decision
of the writ petition. For the reason aforesaid, order granting
interim stay dated 15th February 2011 is set-aside.
Taking
into consideration the fact that election is scheduled to be held on
6th March 2011, we direct to list this case, Special Civil
Application No.2017/2011 for hearing before the learned Single Judge
on 28th February 2011 at 2:30 p.m. Parties should not ask
for unnecessary adjournment.
The
Appeal and the Civil Application stand disposed of. No cost.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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