Delhi High Court - Orders
Janta Adarsh Shiksha Sansthan (Regd.) & ... vs Sh. Sanjiv Kumar Agarwal & Ors on 20 October, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
KAMLESH KUMAR
21.10.2020 10:13
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 169/2020
JANTA ADARSH SHIKSHA SANSTHAN (REGD.) & ANR.
..... Appellants
Through: Mr. Amarjit S. Chandhiok, Sr. Adv.
with Mr. Shivam Sharma, Advocate.
versus
SH. SANJIV KUMAR AGARWAL & ORS. ..... Respondents
Through: Mr. Salman Khurshid, Sr. Adv. with
Mr. Anil Goel, Ms. Azra Rehman and
Mr. Aditya Goel, Advocates for R-1
to R-4.
Mr. Anuj Jain, Advocate for R-5 with
R-5 in person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 20.10.2020 The hearing was conducted through video conferencing. CM APPL. 26144/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off.
CM APPL. 26142/2020 (for directions by respondent nos. 1 to 4) & CM APPL. 26143/2020 (for interim stay by respondent nos. 1 to 4)
3. The application being CM APPL. 26142/2020 seeks the following relief(s):
"a. direct that no voter of Appellant No. 1 Society will be allowed to caste his/her vote through video conferencing; b. direct that the election of the Appellant No. 1 Society i.e. Janta Adarsh Shiksha Sansthan (Regd.), for the years 2020-2023, be conducted, as per the list of 124 life members/voters of the said Society i.e. Annexure-R-4; c. direct to delete the names of Mr. Abhishek Shekhar and Mr. Ankush Shekhar, from the list of voters dated 5.10.2020 and from the alleged records of the society, who were allegedly inducted as life members, through forged and fabricated minutes of meeting dated 25.04.2014 (which is based on another forged and fabricated minutes of meeting dated 25.04.2013). d. set aside the proceedings/order/list of voters dated 5.10.2020 prepared by Id. Returning officer, which is contrary to the Rules and Regulations and Records of Appellant No. 1 Society.
To pass any other or further order(s) as this Hon'ble Court may deem fit and proper under the circumstances of the case, in favour of the Respondents No. 1 to 4 and against the Appellants."
4. Issue notice.
5. The learned counsel named above accept notice on behalf of the non- applicants.
6. At joint request, the applications are taken up for disposal.
7. Mr. Chandhiok, the learned Senior Advocate for the appellants, submits that the elections are underway in terms of the list of voters approved by the Returning Officer. Let the said election be concluded and its results be declared.
8. However, since an issue has been raised by the applicants/respondent nos.1 to 4 regarding the other 124 „Life Members‟ of the Society or voters who have not been approved by the RO, it would be in the interest of the parties to conduct simultaneous elections apropos these 124 members as well. Let a parallel electoral exercise be carried out but its results shall be kept in a sealed cover to be placed before the learned Trial Court for determination on merits. Mr. Chandhiok, the learned Senior Advocate for the appellant has no objection to this simultaneous election exercise being carried out. It would be open to the parties to raise their contentions before the learned Trial Court.
9. The learned counsel for the parties assure the Court that they will not seek any adjournments and will promptly assist the learned Trial Court when the case is listed.
10.The learned Senior Advocate for the applicants submits that the elections have to be held as per the bye-laws of the Society, which require a member to be physically present and voting. Therefore, proxy voting and/or voting through video conferencing would not be permissible. It is agreed between the parties that votes shall be cast under the two separate lists, only by voters who are physically present.
11.The applications are disposed-off in terms of the above.
12.The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J OCTOBER 20, 2020/AB