- (1.) THE present special appeal has been filed against the judgment and order dated 17th January, 2011 passed by the learned Single Judge, whereby the writ petition preferred by the Respondent No. 2 has been disposed of with certain directions. The Appellant claims himself to be a validly elected President of Akhil Bhartiya Gurjar Vidya Pracharini Sabha, Rampur Maniharan, Saharanpur. According to him the elections were held in March, 2005 but he could take charge of the office of the President of the Sabha only on 6th March, 2010. The claim of the Appellant was that he is entitled to continue for a period of five years from the date of taking over charge . However, it is not necessary for us to enter into this controversy as the Writ -C No. 45379 of 2010, which was decided vide order dated 13th August, 2010 passed by the learned Single Judge of this Court on the basis of agreement arrived at between the learned Counsel of the respective parties, the present Appellant was also arrayed as Respondent No. 5 therein. The Court had directed the Respondent No. 5(i.e. present Appellant) to hold fresh elections within four months and for a period of four months no interference shall be placed in their functioning. Against the judgment and order dated 13th August, 2010, the present Appellant had filed Special Appeal Defective No. 854 of 2010, which was disposed of vide judgment and order dated 27th September, 2010 with a direction that if there is any error in the order of the learned Single Judge then it shall be open to the Appellant therein to apply before the learned Single Judge for whatever appropriate relief he is entitled under law. Against the judgment and order dated 27th September, 2010 the present Appellant preferred Petition for Special Leave to Appeal (Civil) No. 35872 of 2010 which has been 2 dismissed by the Apex Court vide order dated 14th January, 2011. It appears that on account of some interim order passed by this Court in another Writ Petition elections could not be held within the stipulated time. Now, after the expiry of four months the Assistant Registrar, Firms Societies and Chits, Saharanpur is holding election of the Society under his supervision. The action of the Assistant Registrar was under challenge in the writ petition which has been dismissed by the impugned judgment and order.
(2.) WE have heard Sri Murlidhar, learned Senior Counsel, assisted by Sri Ashok Kumar Pandey on behalf of the Appellant and Sri P.K. Sinha, learned Counsel appearing for the Respondent Nos. 1 and 2 and learned Standing Counsel, who represents Respondent Nos. 3 and 4 and have perused the impugned judgment and order dated 17th January, 20100 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it. Sri Murlidhar, learned Senior Counsel, submitted that the elections could not be held within the stipulated period of four months on account of the interim order passed by this Court in another writ petition filed by one of the members of the Society, therefore, the Petitioner cannot be penalised for that.
(3.) WE are not inclined to enter into this controversy and in our considered opinion the order dated 13th August, 2010 passed by this Court in the earlier round of litigation in Writ -C 45379 of 2010 wherein a consent order was passed directing the present Appellant to hold election within four months and the interim protection for a period of four month was given. If the Appellant want for extension of time the appropriate remedy for him is to approach the learned Single Judge in the Writ -C No. 45379 of 2010 by filing an application.;