Petitioner has challenged, in the present writ petition preferred under Article 226 & 227 of the Constitution of India, the order passed in Civil Misc. Appeal No. 6 of 2012 dated 2nd February 2012 as well as 6th February 2012 whereby the Court had extended the order of status quo till 3rd March 2012.
It is the case of the petitioner that he is a member of the Banaskantha District Primary Teachers' Union and is insisting upon the fair and free election of the said Union. It is also the averment of the petitioner that the respondent nos. 2 & 3 - President & Secretary to the respondent no.1-Union have also not registered the names of the eligible members and in connivance with each other, they had attempted to stall the election process. Seeking various prayers from the Court, Regular Civil Suit No. 122 of 2011 had been filed. The trial Court, after hearing both the sides, had allowed the application for injunction partly in favour of the present petitioner and also prepared a schedule for conducting the election of the respondent no.1-Union vide its order dated 25th January 2012.
When challenged before the learned District Judge, both the sides gave consent to suspend the said order, and accordingly, election process was put on a hold on 6th February 2012 by virtue of the Court's directions. By preferring the present petition, it is urged that although the purshis tendered jointly by the parties on 2nd February 2012 agreeing to suspend the election was only till 6th February 2012, without the consent of the present petitioner, a request was made by the otherside to extend the date of suspension of election process and the same was granted by the District Court extending the date till 3rd March 2012.
Taking various contentions in the present petition, it has been urged to quash such an order and direct for expeditious hearing of the Civil Misc. Appeal No. 6 of 2012.
On having heard learned advocate Shri Pankaj Chaudhary and on having examined the material on record, considering the fact that the Court had initially suspended the order of the trial Court dated 25th January 2012 passed on injunction application in Regular Civil Suit No. 122 of 2011 pursuant to the joint purshis passed by the present petitioner and the respondents herein, and with no further request having been made to the Court for early hearing of the appeal, this petition is directly not required to be entertained. The petitioner has made his grievance of non conduct of election of respondent no.1-Union in a free and fair manner by preferring the suit. When the trial Court as well as the appellate forum are seized of the matter, there is no requirement for this Court to interfere in supervisory jurisdiction. Petition, therefore, does not succeed.
The petitioner may approach the learned District Judge with a request to expeditiously hear the interim injunction application in pending appeal and on such a request being made, the same may be considered on its own merit sympathetically by the Court; keeping in mind the urgency that has been proposed in the Regular Civil Suit No. 122 of 2011 as well as in Civil Misc. Appeal No. 6 of 2012.
Petition stands disposed of in the above terms. Direct service is permitted.
{Ms. Sonia Gokani, J.} Prakash* Top