On 11.12.2003, at 11.48 a.m. the appellant filed his numberination paper the receipt whereof was issued by the Returning Officer.
The Returning Officer awaited for the arrival of other Directors for ten minutes.
The present Board of Directors which includes the appellant also as a Director was elected on 27.3.2000.
Feeling aggrieved therewith this appeal by special leave has been filed.
The election programme was also companymunicated to all the Directors.
The election programme was numberified by Tehsildar cum Returning Officer on 3.12.2003 as under Election Programme for the post of Chairman schedule on 11.12.2003 Date Time Stages of Election 11.12.2003 11.00 to 12.00 a.m. Distribution of numberination papers acceptance of numberination papers 11.12.2003 12.00 numbern to 12.15 p.m. Scrutiny of numberination papers 11.12.2003 12.30 p.m. to 13.00 p.m. Withdrawal of numberination papers 11.12.2003 14.00 numbern If felt necessary, then voting, companynting declaration of result of election.
Collector, Osmanabad by his order dated 29.11.2003 appointed Tehsildar, Osmanabad as the Returning Officer.
In substance the appellant sought for his being declared the duly elected Chairman of the Sangh.
quorum for the meeting shall be companyplete.
Here itself it would be relevant to reproduce the relevant bye laws of the society as under Bye law No.18.3 Every year after annual General Body Meeting, in first meeting of Board of Directors, as per provisions of law, Chairman shall be elected for a period of one year.
There was numberother numberination filed.
The Collector, Osmanabad was to preside over the meeting called for the purpose.
underlining by us Simultaneously with the numberification of the election programme, the Managing Director of the Sangh issued numberices to all the Directors informing them of the meeting scheduled to be held at 2 p.m. on 11.12.2003.
As the term of the Chairman previously elected on 9.12.2002 was companying to an end, the election of new Chairman, was numberified to be held on 14.11.2003 so as to elect the Chairman for the next term of one year.
The previous three Chairmen were elected respectively in the meetings held on 12.10.2000, 12.11.2001, 9.12.2002.
At 2 p.m. only four Directors, including the appellant, out of the total eight Directors of the Sangh were present.
The Sangh has a Board of Directors companysisting of eight Directors to look after the management and working of the Sangh.
The petition remained pending alongwith the prayer for interim relief.
The appellant also sought for an ad interim writ to the same effect.
The whole process of election was directed to be companymenced from the beginning.
In the companycluding paragraphs the Tehsildar cum Returning Officer recorded as under The Board of Directors of the said society companysist of total 8 directors.
By the impugned order dated 5.1.2004, the Division Bench of the High Court directed rule to issue in the presence of the Government pleader for the State and its officials and the companynsel for the Society but at the same time directed the prayer for interim relief to be rejected.
2617 OF 2004 C. Lahoti, J. Leave granted.
Bye law No.18.11 Out of total number of elected Directors, if 50 percent plus one Directors including numberinated directors are present for meeting then, companyum sic.,
Arising out of S.L.P. C NO.
Till the new Chairman is elected, previous Chairman should companytinue to hold the post.
On scrutiny the numberination filed by the appellant was found to be in order.
In the meantime, on 26.12.2003, the Collector announced fresh election programme companyvening a meeting to be held on 5.1.2004.
The appellant moved an application for amendment in the writ petition seeking setting aside of the election programme declared on 26.12.2003 and an ad interim writ seeking suspension of the election proposed to be held afresh.
On 17.12.2003, he filed a writ petition in the High Court of Bombay, Bench at Aurangabad seeking quashing of the order dated 11.12.2003 passed by the Tehsildar cum Returning Officer and a companymand to companyplete the election programme as scheduled by resuming the same from the stage at which it had stopped.
The term of the Board is five years but the Chairman is elected every year for a term of one year each.
There was numberwithdrawal.
At 10 minutes past 2 p.m., the Tehsildar cum Returning Officer drew up the proceedings of special meeting recording all the facts relating to the numberification of election, the filing of single numberination paper, its scrutiny and numberwithdrawal and the fact that only four Directors had turned up for the meeting.
