Matter relates to a state level Organisation - As per its Article of Association no one can seek election for third consecutive term after serving 2 terms. But one Candidate was unconstitutionally elected Secretary Gener - aal in utter violation of this Article. After failing efforts at management level, case is filed by only valid candidate for declaration of SG election void & plaintiff to be declared unopposed. The tenure is only one year & 3 months has passed. Injection application under Ord 39 of Rule 1 & @ is filled to restrain the illegal elected Secretary from discharging the duty. It is expected hearing on 14th Feb. Opinions solicited whether Trail Court is under obligation to grant injection - (a ) after show cause notice or (b) ex-party or (c) can reject the application. Any Apex Court judgements in such matter?
Regards
