participate in the election to the Board of Directors of the Society, held on 17.10.2017, as per the provisions of Section 40[2] of the Act, 2007, there should be clear factual determination which, in turn, would require a detail examination of the records for arriving at defining findings. In the above fact situation obtaining in the case, this Court is the considered view that the respondent no. 2 should revisit the earlier order dated 12.04.2018 by granting opportunities of hearing to all the stakeholders including the petitioners, the private respondents herein and the concerned official respondents who are the custodians of the records of the Society and thereafter, pass a speaking order upon due examination and verification of the concerned records and upon such hearing. It is observed that the earlier order dated 12.04.2018 should abide by the fresh decision to be arrived at by the respondent no. 2. It is accordingly ordered. The respondent no. 2 shall complete the entire exercise as expeditiously as possible, but not later than 2 [two] months from the date of receipt of the representation from the petitioners along with a certified copy of this order. The interim order dated 31.05.2017 regarding not to hold election to the Board of Directors of the Society will continue till the passing of the speaking order in terms of the direction made by this order and the interim order dated 31.05.2017 shall also abide by the speaking order to be passed in terms of this order. No cost.
