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1981 Supreme(Del) 83

S.B.WAD
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED – Appellant
Versus
DHARAM SINGH – Respondent


Advocates Appeared:
J.K.SETH, L.U.Singhavi, O.P.SAXENA, SHEBA GUPTA

S. B. Wad

( 1 ) THIS petition concerns with election of a workman- member to the office of a Trustee of the Employees Benefit Fund Trust. This fund is established by the D. C. M. Through the impugned order dated 17. 11. 1980 senior Subjudge (B. N. Chaturvedi) set aside the order of the trial court. The learned Judge also restrained the petitioner from giving effect to the result of the election declared on 25. 10. 1980 and restraining Shri Harphool Singh the elected workman to take over and to act as the Trustee till the disposal of the suit.

( 2 ) INTERFERENCE in the democratic process of elections, particularly at the interim stages, should be spairing. The democratic process should not be stopped in between, because the final result can always be challenged. It is also well established that where the election is challenged, the elected repre- sentative should be allowed to perform his duties. If he is restrained in between the General Body of Electorate, would be deprived of their elected representative to look after the general interest of the Electorate. The elections took place on 9. 10. 1980 and the results were declared on 25. 10. 1980. Out of 1293 eligible voters 1 145 cast








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