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TMI Blog2003 (8) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Second Additional District Judge, Bijapur. The dispute relates to the elections claimed to have been conducted by two rival groups for the Managing Committee of the Vidya Vardhak Sangh, Bijapur, which is a society registered under the Societies Registration Act, 1860 (in short the 'Societies Act'). It is also a registered body under the provisions of the Act. The dispute arose because names of 38 persons were included in the electoral rolls for the election. While the appellants claim that the 38 persons whose names are included in the electoral roll were not eligible to participate in the process of election, the other group, that is, respondents 1 to 12 contested the claim. Initially after the election, the elected Committee star ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulted because of the materials considered by the High Court. The impact of subsequent happenings may now be spelt out. First, its bearing on the right of action, second, on the nature of the relief and third, on its importance to create or destroy substantive rights. Where the nature of the relief, as originally sought, has become obsolete or unserviceable or a new form of relief will be more efficacious on account of developments subsequent to the suit or even during the appellate stage, it is but fair that the relief is moulded, varied or reshaped in the light of updated facts. Patterson v. State of Alabama [(1934) 294 U.S. 600, 607], illustrates this position. It is important that the party claiming the relief or change of relief must h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceptional situations and just cannot be done if the statute, on which the legal proceeding is based, inhibits, by its scheme or otherwise, such change in cause of action or relief. The primary concern of the Court is to implement the justice of the legislation. Rights vested by virtue of statute cannot be divested by this equitable doctrine (See V.P.R.V. Chokalingam Chetty v. Seethai Ache and Ors. . The law stated in Ramji Lal v. State of Punjab, is sound: "Courts do very often take notice of events that happen subsequent to the filing of suits and at times even those that have occurred during the appellate stage and permit pleadings to be amended for including a prayer for relief on the basis of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicability of the abovesaid maxims has been approved by this Court in Raj Kumar Dey and ors. v. Tarapada Dey and Ors. , Gursharan Singh v. New Delhi Municipal Committees and Mohammed Gazi v. State of M.P. and Ors. . On facts where the High Court has slipped into error is by observing that the Charity Commissioner committed mistake by ignoring the documents which the respondents 1 to 12 wanted to produce and for which purpose an application was filed. The High Court observed that though necessary application to file additional evidence was filed before the Charity Commissioner, unfortunately the Charity Commissioner did not pass any order on that application and this lapse of the Charity Commissioner would result injustice to the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Endowments Act. Before issuing directions for holding election, the said authority shall decide about the eligibility of the 38 persons by deciding whether the names of the concerned 38 persons were rightly included in the electoral rolls prepared by the respondents 1 to 12 for election of members to the Committee which was held on 6.10.1996. Parties shall be permitted to place all such materials on which they place reliance to justify their respective claims and stands. We make it clear we have not expressed any opinion on the said questions. The appeals are disposed of accordingly leaving the parties to bear their respective costs. Contempt Petition (C)Nos. 245-247/2003 and 282-284/2003 No orders are necessary to be passed in these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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