- (1.) This is an application filed by respondent no. 4 to the present petition for recall of the judgment and order dated 10.06.2011 on the ground that the order has been obtained by concealment of material fact, therefore, a fraud. In support of the said contention, the applicant respondent no. 4 refers to following facts :
(2.) Election of the office bearers of the institution as well as of the Society were held on 24.02.2008. Respondent no. 4 was elected as the Manager. The elections were approved by the Regional Level Committee vide order dated 27.07.2008 and as a consequence thereto the signatures of respondent no. 4 as Mayor were attested on 12.09.2008.
(3.) After more than two years of such recognition of the elections, writ petition no. 25965 of 2010 was filed by Santosh Shukla and others challenging the recognition of the elections vide order dated 07.07.2007 as well as attestation of signatures of respondent no. 4 vide order dated 12.09.2008. On 07.05.2010, the writ Court granted time to the said petitioners to file an affidavit disclosing as to how they claim to be members of the general body so as to have the locus to file the petition. In the said writ petition there was a specific prayer that the fresh elections should be held from the list of 36 members. The writ petition is pending till date and no interim order has been granted. What logically follows is that respondent no. 4 continued to be the recognized and lawful manager of the College and the Society.;