SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(SC) 433

R.C.LAHOTI, ASHOK BHAN
Deoraj – Appellant
Versus
State Of Maharashtra – Respondent


Judgement Key Points

The judgment emphasizes that in exceptional and rare circumstances, the Court may grant interim relief that effectively amounts to granting the final relief, especially when the case demonstrates a very strong prima facie case, significant irreparable injury, and a balance of convenience that tilts heavily in favor of the applicant (!) (!) .

It highlights that such relief is warranted only when withholding it would cause substantial injustice or do violence to the principles of justice, and where the injury is immediate and pressing (!) . The Court also considers the conduct of the parties and the presence of compelling circumstances that justify bypassing the usual requirement of maintaining the status quo or waiting for the final adjudication (!) .

In the context of the case discussed, the Court found that the petitioner had established a foolproof case for interim relief because the election process was almost complete, there was only one valid nomination, and no contest remained, making the meeting only a formality for declaring the result (!) (!) (!) (!) .

Consequently, the Court disposed of the petition by granting the interim relief, effectively allowing the final relief sought, on the basis that the circumstances justified such extraordinary intervention. This approach underscores that in exceptional cases, interim relief can amount to final relief when the facts and circumstances demonstrate that delaying the relief would cause significant injustice (!) (!) .


JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. Tuljabhavani Zilla Sahakari Doodh Utpadak Va Prakriya Sangh Maryadit, Osmanabad (hereinafter the Sangh , for short) is a cooperative society falling in one of the categories included in Section 73G of the Maharashtra Cooperative Society Act, 1960 (hereinafter, the Act for short). Section 144Y of the Act makes special provision for election of officers of such societies. It reads as under:-

"144Y. Special provision for election of officers of specified societies

(1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in section 73-G.

(a) After the election of the members of the committee and, where necessary, co-option or appointment, as the case may be, of members to the reserved seats under Section 73-B or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws but any meeting of the committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf."

3. Here itself it would be relevant to reproduce the relevant bye-laws of the society as



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top