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| Court declines to stay elections | | |
Early Times Report
Jammu, Feb 25- In a petition filed by one Sardari Lal Bhagat seeking stay on the ongoing election of Press Club Jammu, Sub-Judge Jammu VS Bhou today declined to stay the election.
After hearing YP Koushal appearing for the applicant, BS Salathia Senior Advocate along with Advocate SS Ahmed appearing for the respondents, the Sub Judge observed that under 39 Rule 2 A CPC is not again sustainable, if any directions of the Court stands violated by the respondents, they are liable to be penalized and no injunctive direction which does not have genesis of relief sought in the main suit can be granted. As the relief sought in this application is not consequent relief sought in the main suit, which cannot be granted. Further, it is beaten principle of law that election once started cannot be truncated mid-way as party aggrieved has a relief to challenge the same. The facts pleaded in the petition by the applicant are subject to investigation during trial and prima-facie no good ground is made out to issue the direction as sought for. The Court further observed that petitioner applicant may lead evidence to prove the irregularities committed by the respondents in derogation of the Court direction passed on October 7, 2008 and fixed March 5, 2009 for evidence
This significant direction was passed in an application filed by the applicant seeking directions and action in terms of order 39 Rule 2 A CPC against non-applicants Manu Shrivatsa (President) & others and praying for staying or postponing the ongoing election in terms of the observation of this Court that any increment of increase in membership from the existing list 290 on or about the date of order of the Court is illegal and have no voting right on the ground that non-applicants
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