|Early Times Report|
JAMMU, Mar 6: The court of Special Railway Magistrate/Sub-Judge Jammu today dismissed a plea, seeking restraining order on incumbent President of Jammu Central Mahajan Sabha to contest the elections of Sabha, scheduled to be held today.
The application was filed before the court of Special Railway Judge by Jugal Mahajan son of Nand Ram, Ram Langar son of Late Sat Pal and Sham Langer son of Late Gouri Mal through their counsel Senior Advocate Sunil Sethi and advocate Ankesh Chandel while the respondents in the instant case were Jammu Central Mahajan Sabha, President Jammu Central Mahajan Sabha, Yash Paul Election Commissioner Jammu Central Mahajan Sabha, Romesh Chander Gupta President Jammu Central Mahajan Sabha. The respondents were represented by Senior Advocate Rahul Bharti, Senior Advocate Avhinav Sharma and Advocate Himanshu Beotra.
The applicants had sought for grant of temporary injuction restraining Romesh Chander Gupta president of Jammu Central Mahajan Sabha from contesting the elections to the post of President, which is scheduled to be held on March 7th, 2021 till the disposal of final suit.
After hearing both the sides, the Special Railway Magistrate observed, "The plaintiffs have prayed for the grant of an interim stay on the election process. Though from the above discussion, it is quite evident that the plaintiffs have failed to make out a prima facie case. Neither the balance of convenience favours them nor there is any likelihood that the plaintiffs will suffer irreparable loss but for the sake of imagination, even if it had been so, still the defendant no. 4 has cited law laid down by our own Hon'ble High Court of the J&K in Shatru Jeet Singh Jamwal and ors V Om Prakash Shukla and ors 2005 (2) JKJ 1, which squarely clinches the issue that once the election process has commenced, the court should not interfere with the process..............".
While dismissing the plea, the Court observed, ".....in view of the factual reasons discussed above, I'm convinced that the present application seeking temporary injunction on election process is devoid of any merit, hence is dismissed. Any observation made herein above shall not affect the merits of the main suit. The application is disposed of accordingly and shall be made part of the main file".