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Deoraj vs State Of Maharashtra & Ors on 6 April, 2004

52. The submission of Mr. Nandrajog that the grant of interim relief, at this stage, would tantamount to granting the final relief in the suit too has been considered. No doubt, the courts would normally not grant an interim relief which would tantamount to granting final relief. The Supreme Court in Deoraj Vs. State of Maharashtra and Others, (2004) 4 SCC 697, considered the situations wherein the court may grant interim relief even in cases where such interim relief may tantamount to a final relief. Pertinently, this case also arose out of an election dispute. In this case, the appellant before the Supreme Court had filed his nomination for the post of Chairman of a co-operative society. His was the only nomination filed for the said post. On the appointed day, only four directors, including the appellant, were present. The returning officer awaited the arrival of the other directors I.A. No.25235/2015 in C.S.(O.S.) No. 3431/2015 Page 37 of 43 for 10 minutes. Thereafter, he drew up the proceedings. The returning officer held that the quorum for the said meeting was half plus one Director. Since the quorum was not complete, the special meeting was stayed. The appellant was aggrieved by this decision of the returning officer and assailed the same in a writ petition before the Bombay High Court. He sought quashing of the said proceedings of the returning officer and also, in substance, sought a declaration that he be declared as the duly elected Chairman of the Society. The High Court declined the interim relief sought by the appellant which led to the filing of the appeal before the Supreme Court. The Supreme Court, inter alia, observed as follows:
Supreme Court of India Cites 4 - Cited by 181 - R C Lahoti - Full Document
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