Heard learned counsel for the parties. We had earlier passed the following Orders on 13.12.2019 and 20.12.2019:Order dated 13.12.2019: “Heard learned counsel for the appellant and learned counsel for the Intervenor Mr.S.D.Manohar Kumar Lodha, who had filed O.S.No.3502 of 2015. The said suit in relation to the dispute of elections was closed keeping in view the provisions of the Arbitration Act and relegating the parties for arbitration. The arbitration has not proceeded yet, nor has yielded any results. 2. We have gone through the impugned judgment and we find that the learned Single Judge has found that the elections of the Executive Committee of the Institution were not held within the time prescribed and as a matter of fact, the elections were not held for the past five years. It is in this background that the writ petitioner/appellant had approached this Court contending that in view of the provisions of Clause 20 (a) of the bye-laws of the Society, the office bearers are to continue till their successors are chosen and therefore, the educational authorities are not justified in not acknowledging the appellant as Secretary of the Society. 3. The writ petition has been dismissed holding that once it is established that elections have not been held for the past five years, then the elections should be concluded by 30th September as envisaged under the bye-laws and after the dispute is resolved, the authorised concerned Secretary to exercise powers in respect of the Institution.
