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| Court for early elections to Press Club | | | EARLY TIMES REPORT
JAMMU, Oct 7: Dismising the application filed by the ex-vice president of Press Club Jammu seeking temporary injunction, Sub-Judge Jammu VS Bhou today directed the President and General Secretary of the Club to expedite the election process at an earliest.
After hearing Adv GS Thakur appearing for the applicant and Adv SS Ahmed appearing for the respondents, the Sub- Judge observed that it is not in dispute that no election of the Press Club Jammu was held after 2004 and Article 21 of memorandum of club provides for the tenure of the office bearers but it is to be seen why the election was not held after May, 2004 till date, which is a factual matter and also the relief which has been granted at the interim stage has consequence of over lapping main relief, which is forbidden in view of the guidelines set by the Apex Court of the Country. The other allegations are not supported by any evidence at this stage from where it could be inferred that petitioner has a prima-facie case. The petitioner, on basis of the material on record, has failed to make out a question which needs investigation during trial and hence has no prima-facie case at this stage. The balance of convenience also appears to be in favour of the respondents (President & General Secretary) as compared to the petitioner as the whole functioning of the Club has come to a standstill. The comparable loss and injury shall be maximum to the respondents in case the interim injunction is made absolute.
While dismissing the application for temporary injunction, the Sub-Judge further observed that the court is of the view that petitioner have no prima-facie case and no balance convenience lie in his favour and he shall not suffer irreparable loss in case the interim injunction is vacated. Application is merit less and is accordingly dismissed. However, court further observed that respondent shall not take any policy decision detrimental to the rights and interests of the members as well as the Press Club and also any other policy decision having the effect of rectifying irregularities and they shall hold annual general meeting as per memorandum of the club and directed to expedite the election process of the Press Club at an earliest.
It is worthwhile to mention that earlier this court had restrained the respondents from functioning as President and General Secretary of the Club. JNF |
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