DEODHAR Vs. PARAG & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1909 of 2016, Judgment Date: Feb 29, 2016

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.1909 OF 2016
                  (Arising out of SLP (C) NO. 3402 of 2016)


      DEODHAR                                                     APPELLANT
                                VERSUS

      PARAG & ORS.
                                                                 RESPONDENTS

                                    WITH

                        CIVIL APPEAL NO.1911 OF 2016
                  (Arising out of SLP (C) NO. 3567 of 2016)

                                    WITH

                        CIVIL APPEAL NO.1912 OF 2016
                  (Arising out of SLP (C) NO. 3987 of 2016)


                            J U D G M E N T


  KURIAN,J.


1.          Leave granted.

2.          The appellants are before this  Court  aggrieved  by  the  order
passed by the High Court, staying the declaration of  election  of  Director
of respondent No.3-Bank in General Category.
3.          It is seen that the interim orders have  been  passed  just  two
days prior to voting.  We find it difficult to agree with  the  stand  taken
by the High Court that the  result  of  election  should  not  be  declared.
Whether the writ petitions could have been entertained at all  is  a  larger
question to be considered by the High Court.


4.          Be that as it may, the impugned interim orders dated  08.01.2016
in W.P.No.67/2016, W.P. No. 69/2016  and W.P. No.66/2016 passed by the  High
Court are, therefore, set  aside.   The  Election  Officer  is  directed  to
declare the results of the election which have been  kept  pending  pursuant
to the impugned order passed by the High Court, making  it  subject  to  the
result of the final outcome of the writ petitions.

5.          The appeals are allowed to the above extent with no order as  to
costs.


                                                         .................J.
                                                             [KURIAN JOSEPH]



                                                    ......................J.
                                                     [ROHINTON FALI NARIMAN]
NEW DELHI;
FEBRUARY 29, 2016