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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Uday Kumar
Colonel M Sanjeev, Secretary of the Calcutta Swimming Club – Appellant
Versus
Sardar Shahin Imam – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred at the behest of a defendant in a declaratory suit wherein an amendment to the Rules of the concerned Association/Club has been challenged and consequential relief of permanent injunction restraining the defendant from conducting AGM/e-voting of elections to be held on July 5, 2025 has been sought.
2. In the said suit, a temporary injunction application was filed, in connection with which the impugned order of ad interim injunction dated July 4, 2025 has been passed.
3. In the temporary injunction application, the plaintiff/respondent no.1 had prayed that the defendants, their men and agents and/or servants and/or each one of them are restrained from performing and/or conducting AGM and/or the email voting system of elections to be held on July 5, 2025.
4. By the impugned order, the learned Trial Judge granted ad interim injunction in terms of the said prayer.
5. Upon hearing learned senior counsel for the appellant as well as learned counsel for the plaintiff/respondent no.1, we find that the present appeal has been rendered infructuous, since the ad interim order of injunction was restricted to the prayer
The amendment allowing electronic voting in association elections must be conducted transparently, ensuring the integrity of the voting process while addressing concerns over proxy voting.
The validity of election process conducted in compliance with the circulars issued by the Ministry of Corporate Affairs and the pending question of suit maintainability under Section 241 of the Compa....
The court established that the election process for a statutory association must include all eligible voters, and exclusion of votes violates legal provisions.
(1) Electronic Voting Machines [EVMs] – Unless substantial evidence is presented against EVMs, current system will have to persist with enhancements – Regressive measures to revert to paper ballots o....
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
Online voting through the CDSL platform for the election of the Managers of the Association is valid under the West Bengal Apartment Ownership Bye-laws, 2022, provided that the secrecy of the ballot ....
The main legal point established in the judgment is the need for uniformity, transparency, and fairness in the election process, as well as the principle of 'One Bar One Vote'. The judgment also emph....
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