Back
HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Bengia Bapu Son of Late Bengia Kaya – Appellant
Versus
Chera Tachung Son of Late Chera Takia – Respondent
JUDGMENT :
SHAMIMA JAHAN, J.
1. The main issues that needs to be addressed by this Court are whether in the facts of the present case, an ad interim injunction could have been granted.
2. The present lis is in respect of an election to the executive body of All Kurung Kumey District Students Union (AKKDSU) for the Session 2024-27, wherein, the appellants No. 1 to 27, were declared elected unopposed to various posts in the executive body of AKKDSU, vide election results, dated 28.09.2024.
3. The fact of the case is that on 14.09.2024 the president of the All Arunachal Pradesh Students Union (AAPSU) issued an order directing the president of AKKDSU to conduct fresh election on or before 15.10.2024. In pursuant to the same, the president of AKKDSU issued an order, dated 20.09.2024, dissolving the then executive council members of AKKDSU. Thereafter, the president of AKKDSU issued an appointment order, dated 21.09.2024, appointing profoma respondent Nos. 3 to 6 as the Chief Election Commissioner, Returning Officer, Presiding Officer and the Polling Officer, respectively, with a direction to conduct the election by notifying the election schedule, venue and the other election process. Ther
The court confirmed that once an election occurs, any challenges to its conduct must be resolved in the context of the ongoing suit rather than through an interlocutory injunction.
The court dismissed the appeals against the interim injunction, stating that no final orders had been passed, and the interim injunction was based on sound discretion and was granted for a limited pe....
Approaching the court with clean hands, the binding nature of a decree passed in a suit under Order I, Rule 8 of the CPC, and the significance of the absence of a prayer for permanent injunction in t....
The court ruled that the balance of convenience favors allowing the electoral process to proceed without injunction, as the plaintiff failed to demonstrate irreparable harm and lacked a substantive c....
The Court emphasized that the public interest in maintaining the integrity of the electoral process outweighs individual claims, and statutory provisions bar injunctions against government bodies per....
A court must ensure that any interim orders affecting parties' rights are made only after providing an opportunity for all concerned parties to be heard, reinforcing the principle of fair hearing.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
