MUKUL MUDGAL, J.

1. This FAO challenges the order dated 31st March, 2006 passed by the learned Single Judge giving directions with respect to the conducting of elections of the Respondent Union which have led to the present appeal.

2. The facts of the case have been summarized briefly as under:-

(a) On 11th April 1998 at the 30th Annual General Meeting of the Respondent Union the Appellant was re-elected General Secretary. On 13th-15th November 1998, a meeting of the Executive Committee of the Respondent Union was held at Puri (Orissa) and was attended by the Appellant. At this meeting an alleged resolution was passed entrusting and empowering the President to keep a watch on the activities of the Appellant and to remove him if his activities were found to be anti-social. The said resolution was denied by the Appellant as being a fabricated document.

(b) On 16th March, 1999 the President of the Union removed the Appellant from the post of General Secretary. Admittedly, no show-cause notice was issued to the Appellant before taking the said decision.

(c) The decision of the President was sought to be ratified at a meeting of the Union held on 24th March 1999, no notice of which was sent to the Appellant. No show-cause notice was either issued or sent to the Appellant before the alleged meeting and resolution dated 24th March 1999.

(d) Immediately after the passing of the alleged resolution dated 24th March 1999, the Respondent Union on 26th March 1999 filed a suit against the Appellant in this Court. By an order dated 26th March 1999 the Appellant was restrained from acting or representing the Union as the General Secretary and from holding any conference or meeting of the Respondent Union.

(e) Thereafter, the Appellant on receipt of the summons filed an application (IA No. 3383/99) under Order 39 Rule 4 for vacation of the stay order dated 26th March 1999. After hearing the arguments the following consent order was passed by this Court, the relevant part of which is reproduced hereunder:

(i) "The Annual General Meeting fixed for 4th and 5th April, 1999 shall be now held on 8th April, 1999.

(ii) The AGM shall be conducted under the supervision of Hon'ble Mr. Justice P.K.Bahri a retired Judge of this Court and in case Justice Bahri is not available then Hon'ble Mr.Justice Jain a retired Judge of this Court shall be the Chairperson of the meeting.

(iii) The item on the agenda of the AGM shall be discussed and voted for from 10:00 a.m. to 4:00 p.m. on 8th April 1999 and thereafter the election shall be conducted under the supervision of the Chairperson of the Meeting.

(iv) The nomination for the various posts shall be filed before the Chairperson by 5:00 p.m. of 7th April, 1999.

(v) The voting shall be by secret ballots.

(vi) The Chairperson shall communicate the results to this Court in a sealed cover within a week of the AGM.

(vii) The Chairperson shall be empowered to take any decision on the spot which may become imperative. The Chairperson shall be given Rs.20,000/- by the Plaintiff."

(f) From 12th April 1999 till 29th May 1999 the application for vacation of stay was heard but no order was passed on the said application moved by the Appellant.

(g) On 24th April 1999, a meeting of the Executive Committee was held in Kolkata where it was allegedly resolved to remove the Appellant from the honorary membership of the Respondent Union pending disciplinary action.

(h) Subsequently on 9th May 1999 a resolution was passed against the Appellant removing him from the honorary membership of the Respondent Union. No show-cause notice, personal hearing of notice of the meeting was either sent to or received by the Appellant.

(i) Fresh elections were held on 17th June 2000 at which new office

bearers and an Executive Committee were elected. The Appellant

was re-elected as General Secretary of the Respondent Union through

this election.

(j) In October 2000 the Respondent Union filed another suit being Suit No.2349/2000