V. C. DAGA, J.

( 1 ) THIS appeal takes exception to the order of the City civil Court at Bombay dated 26th August, 2004 passed in Notice of Motion No. 2489 of 2004 in Short Cause Suit No. 2992 of 2004, whereby prayer for interim relief came to be rejected. The Facts :

( 2 ) THE facts leading to the present appeal may be stated thus : the respondent No. 1 is an Indian Institute of Architects registered under the provisions of the Societies Registration Act, 1860. The respondent No. 2 is an architect by profession. He was holding post of Joint Hon. Secretary of the council of respondent No. 1 for the year 2002-2004. His term with other office bearers has expired on 31st May, 2004.

( 3 ) THE election programme to elect new council was declared by respondent No. 1. The election to elect new body is to be conducted as per the constitution and byelaws adopted by respondent No. 1. Bye-law No. 22 provides that all the affairs of respondent No. 1 are to be managed by a council which shall be the governing body of respondent No. 1, subject to control by the general body of respondent No. 1. The council holds office for the period of 2 years.

( 4 ) THE constitution of respondent No. 1 provides for the powers and duties of the President and other office bearers. The procedure for taking election of the council is provided in byelaw No. 32, which, inter alia; provides that the members of the council shall retire from the office at the end of every two years term after the last General Body meeting and shall be eligible for re-election unless stated otherwise in the byelaws. That every member offering himself for election as a member of the council, if eligible, is required to be nominated in writing by at least two members of the institute. Every such nomination is required to be sent to the Joint Hon. Secretaries at least 30 clear days before the last General Body meeting accompanied by intimation by the nominee that he will serve, if elected. Byelaw No. 32 (e) which is relevant reads as under:"32. ELECTION OF THE COUNCIL (a ). . . . . . . . . . . . . . . (b ). . . . . . . . . . . . . . . (c ). . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . (e) If the number of nomination exceed vacancies, the election shall be conducted as hereinafter prescribed. (i) The Joint Hon. Secretaries, shall with convenient speed forward a voting paper in the form approved by the Council to every Fellow associate and Licentiate who has no arrears of subscription to date, at least twenty clear days before the first General Body meeting. The names of all candidates for election as member of the Council shall be printed in the same type, and in alphabetical order. (ii) The voting papers duly sealed in accordance with the direction printed thereon, shall reach the Joint Secretaries at least 5 days before the First General Body Meeting and the Joint Hon. Secretaries shall deliver them unopened to the Scrutineers by whom alone them shall be opened and examined. " the aforesaid provision would unequivocally go to show that if the number of nomination exceeds vacancies the election is required to be taken.

( 5 ) THE Joint Hon. Secretaries are required to forward voting papers in the form approved by the council to every Fellow Associate and Licentiate as mentioned in Byelaw No. 32 (e) (i) of the council. The Joint Hon. Secretaries are also required to receive voting papers duly sealed in accordance with the direction printed thereon and those papers are supposed to reach the Joint secretaries at least five days before the first General Body meeting and the Joint hon. Secretaries are required to deliver them unopened to the Scrutineers who alone are empowered to open and examine.

( 6 ) THE role of the Joint Hon. Secretaries to get the voting papers printed, to forward and receive the same from the voters is the basis of basic challenge to the entire election process since one of the Joint Secretaries i. e. respondent No. 2, is one of the contesting c