Court vacates stay on election of Amar Singh Club

17/03/2021

JAMMU, Mar 16: 2nd Additional District Judge Jammu Virender Singh Bhou vacated the interim direction whereby stay the election of Amar Singh Club.
While vacating the interim direction, 2nd Additional District Judge Vireder Singh Bhou observed that in view of the above and in the light of withdrawal of appeal by appellants no.2 and 3, the appeal of appellant no.1 is found devoid of merits because once the election process has been initiated and has reached final stage, it cannot be stalled midway and in case the appellant feels aggrieved of the outcome of the result of elections, he still has a remedy to challenge the result of elections and it is the settled law that elections cannot be stalled once the process therefor has started and only the final outcome of elections can be challenged by the aggrieved persons. Appeal, therefore, being devoid of merit is dismissed. Interim direction dated 08.03.2021 is also vacated.
Court further observed that however, before parting with the matter, it assumes significance and importance to examine the IA/3/2021 filed by the Divisional Commissioner, Jammu/Vice President Amar Singh Club, Jammu whereby he has sought the vacation/modification of the order dated 06.03.2021 passed by this Court and has also sought sanction/approval to his order dated 13.03.2021 bearing No. 701/ASC/ 2020/354. Notwithstanding the fact that Vice President Amar Singh Club, Jammu has appointed Vinod Sharma Membership No. 602 as returning Officer assisted by Shehnaz Goni and K.K. Khosa as members for conducting the elections and has directed Honorary secretary sh. Vijay Saraf to handover all the records pertaining to elections to newly appointed returning Officer for carrying forward and culminating the election process and, however, Sh. Vijay Saraf shall look after day to day the affairs of the Club barring policy decisions and any election matter till new Honorary Secretary joins his place.
Court after examining the pleadings in this aspect also. The appellant no.1 is aggrieved of the tenure of Honorary secretary sh. Vijay Saraf, but no malafide or misconduct has been attributed to him meaning thereby that he is fair in his dealings as Honorary Secretary and even the respondents, who have been impleaded and Vice President also have not attributed any malafides or any sort of misconduct to the Honorary Secretary Vijay Saraf and when the General House is competent to extend the tenure of the Executive Committee and there is no provisions for dissolution of the Executive Committee, removal of Honorary Secretary Vijay Saraf in the midway of election process would be against the process and procedure of law unless an allegation of grave misconduct or malpractice is not pointed against him, which has the propensity of influencing the election results, but that is not the case of the appellants nor of the newly impleaded respondents and even of the Vice President, Amar Singh Club Jammu. So, order of Vice President, Amar Singh Club Jammu removing the Honorary Secretary Vijay Saraf from the election process cannot be supported with law and also the same is ethically wrong and unsustainable. Resultantly, the order no. 701/ASC/2020/354 dated 13.3.2021, therefore, needs modification and it is, accordingly modified. The election process of respondent no.1 Amar Singh Club, Jammu shall continue and be culminated by Vinod Sharma Membership No. 602 as Returning Officer and assisted by Shehnaz Goni, K.K. Khosa and Mr. Vijay Saraf, Secretary shall also be associated as member in the election process and he shall continue to lookafter day to day affairs of the Club till the election process is not completed and new secretary joins in his place, so, order dated 13.03.2021 of Vice President, Amar Singh Club, Jammu is modified accordingly in terms of the above. However, approval to the said order is accorded accordingly to the extent referred herein above. It is expected that returning Officer and members associated to him shall conduct the election of respondent no.1 in free and fair manner on the date scheduled. IA/03/2021 is accordingly disposed of in terms of the above.

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