Elaction
sharmistha
(Querist) 19 December 2014
This query is : Resolved
A registered society under Society Registration Act, 1960 declares the date of election, out of the 19 members 17 declared elected unopposed, 2 posts have to elected, suddenly some persons filed a suit for permanent mandatory injunction on it along with the stay application, trial court grant the stay application, other party filed appeal the very next day, on the day of 1st hearing in appellate court the judge was absent, the notified day for election gone, how the election now took place
Devajyoti Barman
(Expert) 19 December 2014
Since the stay order is in operation, election can not happen till the stay order is vacated by the higher court.
If election happens that would amount to contempt of court.
Rajendra K Goyal
(Expert) 19 December 2014
Wait till the stay is vacated. Election can be held on vacation of stay.
Shailesh Kumar Shah
(Expert) 22 December 2014
well guided by the learned experts. Nothing to add further.