The Court confirmed an interim order staying an election removal order after being informed that the petitioners were already elected. The writ petition was disposed of on this basis without a final adjudication on the procedural violation alleged.
Interim order confirmed; writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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L.B. RAI & ANR ..... Petitioners Through: Mr.Naresh Thanai, Adv. Mr.L.B. Rai, Adv. & Mr.Narsingh Narain Rai, Adv.
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr.Vimal Nishchal, Adv.for R-1&2. Mr.Abhishal Srivastava, proxy Adv. for Mr.R.M. Sinha, Adv., for R-4.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
The petitioner was aggrieved by the order dated 17.09.2015 by which the Returning Officer of the respondent/society reviewed an earlier order dated 14.09.2015 rejecting the candidature of the contesting respondents. However, on 17.09.2015, that order was reviewed. The petitioners complain that this was contrary to procedure as well as Section 35(7)(b) of Delhi Corporative Societies Act.
During the pendency of these proceedings, the Court had by order dated 18.09.2015 stayed the impugned order and require the election process to be completed. Counsel for the petitioners and W.P.(C) 9019/2015 1 of 2.
Registrar of Cooperative Societies have informed us today that elections were held as scheduled and that the petitioner have since been elected.
In the circumstances, the interim order is hereby confirmed. The writ petition is disposed of in the above terms.
S. RAVINDRA BHAT, J
DEEPA SHARMA, J
FEBRUARY 09, 2016 neelam
W.P.(C) 9019/2015
2 of 2.
2 issues framed by the court
Whether the interim order confirming the stay of the election decision should continue despite the petitioners being elected.
Whether the review of the rejection of candidature by the Returning Officer was contrary to procedure and Section 35(7)(b) of Delhi Corporative Societies Act.
1 provisions across 1 enactments
L.B. Rai & Anr.
Govt. of NCT of Delhi & Ors.
S. Ravindra Bhat
Deepa Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
