Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 335 of 2015
Appellant :- Shiksha Prasar Samiti And Anr.
Respondent :- Rajeev Kumar Singh Chauhan And 5 Others
Counsel for Appellant :- Yogish Kumar Saxena
Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice Hon'ble Manoj Kumar Gupta,J.
The special appeal is directed against an order of the learned Single Judge dated 19 February 2015 insofar as it grants ad interim relief staying the operation of an order dated 2 February 2015 passed by the Deputy Registrar of Firms, Societies and Chits. By the order, the Deputy Registrar has concluded that the first, second and third respondents are not valid members of the society and calling for elections under Section 25(2) of the Societies Registration Act, 1860. After the order of the Deputy Registrar dated 2 February 2015, an election programme was notified on 18 February 2015.
The grievance of the appellants is that the impugned order of the learned Single Judge has the effect of staying the election programme without the expression of any reason even prima facie in support of the interim injunction and despite the fact that the appellants had lodged a caveat on 10 February 2015. The submission which has been urged on behalf of the first, second and third respondents, who are the original petitioners, is that the Neutral Citation No. - 2015:AHC:61688-DB
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caveat was in respect of a petition styled as Subhash Chandra Saxena Vs. State of U.P., whereas the writ petition was not filed by the member bearing that name.
Be that as it may, we are of the view that when the learned Single Judge was inclined to stay an order calling for elections and having regard to the well settled parameters under Article 226 of the Constitution in that regard, a prima facie evaluation of merits as well as the issue of balance of convenience and irreparable harm, ought to have been inquired into by the learned Single Judge. The impugned order of the learned Single Judge do not furnish any reasons whatsoever which have led to the grant of an interim stay. We are conscious of the fact that in a special appeal, the Court would be circumspect while interfering with an interim order. But in the present case, the Learned Single Judge has indicated no reason whatsoever while granting ad interim relief in the terms as noted earlier. For these reasons, we vacate the ad interim order dated 19 February 2015 but grant liberty to the first, second and third respondents to apply afresh before the learned Single Judge for the grant of ad interim relief. Any such application shall, it is needless to add, be duly considered after hearing such objections as the appellants may have to the grant of such relief. The appellants will now appear before the learned Single Judge
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and would be at liberty to pursue their defence in those proceedings.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 1.5.2015
VMA
(Dr. D.Y. Chandrachud, C.J.) (M.K. Gupta, J.)
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Chief Justice's Court Civil Misc. Delay Condonation Application No.147713 of 2015 In re :
Case :- SPECIAL APPEAL DEFECTIVE No. - 335 of 2015
Appellant :- Shiksha Prasar Samiti And Anr.
Respondent :- Rajeev Kumar Singh Chauhan And 5 Others
Counsel for Appellant :- Yogish Kumar Saxena
Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice Hon'ble Manoj Kumar Gupta,J.
This application seeks condonation of delay of 37 days in filing the special appeal.
Since the delay has satisfactorily been explained in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned.
The application is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 1.5.2015
VMA
(Dr. D.Y. Chandrachud, C.J.) (M.K. Gupta, J.)
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