Excelsior Correspondent
JAMMU, Sept 25: Additional District Judge Jammu Tahir Khurshid Raina has restrained newly elected team of Association of Industries Gangyal from performing the functions of officer bearers.
The order has been passed in a suit filed by Amit Kandhari, who submitted that recently a committee was constituted for holding elections to the posts of office bearers of the Association in blatant violation of the Constitution of the Association.
“The members of the Election Committee were handpicked by the outgoing president from amongst his favourite members with malafide attention and to manipulate the election”, the applicant submitted, adding “as per the Constitution the Election Committee is required to be constituted by the Executive Committee”.
He further submitted, “when the objections were raised over this illegal act, the so-called members of the Election Committee abruptly declared and published the result in the newspaper on September 22, 2019 declaring the defendants as elected unopposed office bearers of the Association”.
From the perusal of the plaint and documents annexed with it, the Additional District Judge observed, “if no relief is granted to the applicant without serving prior notice of the application on the non-applicants, the suit of the applicant will become infructuous and hence would be defeated by delay”.
“Therefore, the prior notice under Order 39 Rule 3 CPC is dispensed with and the defendants are temporarily restrained from performing the functions of office bearers of the Association till the objections are filed by the non-applicants and the same are considered”, the court ordered and directed the office to issue notice to the non-applicants to file objections as to why the relief as prayed for by the applicant may not be granted.
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