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TMI Blog2004 (4) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose of performing the formality of declaring the appellant as elected. In fact the election programme, as notified, itself contemplated the meeting at 1400 hours for voting and counting 'if felt necessary'. The provision as to quorum lost all its significance. It did not make any difference whether there were eight directors to hear the declaration of result or just four or even none. May be the directors having learnt of there being a single valid nomination and that too not withdrawn, also knew that the result of the election was a fait accompli, and therefore, did not want to take the trouble of even coming to the venue of the meeting. Unless something was brought to the notice of the Court either by way of material in the shape of documents or affidavits or even by way of a plea raised before the Court which could come in the way of the relief being granted to the writ petitioner, in the case of such a nature, the interim relief ought to have been granted. The writ petitioner-appellant is right in submitting that the election was for a period of one year out of which a little less than half of the time has already elapsed and in the absence of interim relief bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill the new Chairman is elected, previous Chairman should continue to hold the post. Bye-law No.18.11: Out of total number of elected Directors, if 50 percent plus one Directors (including nominated directors) are present for meeting then, corum (sic., quorum) for the meeting shall be complete. The Sangh has a Board of Directors consisting of eight Directors to look after the management and working of the Sangh. The present Board of Directors which includes the appellant also as a Director was elected on 27.3.2000. The term of the Board is five years but the Chairman is elected every year for a term of one year each. The previous three Chairmen were elected respectively in the meetings held on 12.10.2000, 12.11.2001, 9.12.2002. As the term of the Chairman previously elected on 9.12.2002 was coming to an end, the election of new Chairman, was notified to be held on 14.11.2003 so as to elect the Chairman for the next term of one year. The Collector, Osmanabad was to preside over the meeting called for the purpose. Collector, Osmanabad by his order dated 29.11.2003 appointed Tehsildar, Osmanabad as the Returning Officer. The election programme was notified by Tehsildar-cum-Returning O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17.12.2003, he filed a writ petition in the High Court of Bombay, Bench at Aurangabad seeking quashing of the order dated 11.12.2003 passed by the Tehsildar-cum-Returning Officer and a command to complete the election programme as scheduled by resuming the same from the stage at which it had stopped. In substance the appellant sought for his being declared the duly elected Chairman of the Sangh. The appellant also sought for an ad-interim writ to the same effect. The petition remained pending alongwith the prayer for interim relief. In the meantime, on 26.12.2003, the Collector announced fresh election programme convening a meeting to be held on 5.1.2004. The whole process of election was directed to be commenced from the beginning. The appellant moved an application for amendment in the writ petition seeking setting aside of the election programme declared on 26.12.2003 and an ad-interim writ seeking suspension of the election proposed to be held afresh. By the impugned order dated 5.1.2004, the Division Bench of the High Court directed rule to issue in the presence of the Government pleader for the State and its officials and the counsel for the Society but at the same time direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to granting the final relief itself. And then there may be converse cases where withholding of an interim relief would tantamount to dismissal of main petition itself; for, by the time the main matter comes up for hearing there would be nothing left to be allowed as relief to the petitioner though all the findings may be in his favour. In such cases the availability of a very strong prima facie case ___ of a standard much higher than just prima facie case, the considerations of balance of convenience and irreparable injury forcefully tilting the balance of case totally in favour of the applicant may persuade the Court to grant an interim relief though it amounts to granting the final relief itself. Of course, such would be rare and exceptional cases. The Court would grant such an interim relief only if satisfied that withholding of it would prick the conscience of the Court and do violence to the sense of justice, resulting in injustice being perpetuated throughout the hearing, and at the end the Court would not be able to vindicate the cause of justice. Obviously such would be rare cases accompanied by compelling circumstances, where the injury complained of is immediate and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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