At, High Court Of Judicature At Allahabad Lucknow Bench
By, THE HONOURABLE MR. JUSTICE DEVENDRA KUMAR UPADHYAYA & THE HONOURABLE MR. JUSTICE VIKAS KUNVAR SRIVASTAV
For the Appellant: Anurag Srivastava, Advocate. For the Respondent: C.S.C.
This Bench has assembled today in terms of the order dated 13.03.2020 passed by the Hon'ble Senior Judge.
Heard Shri Asit Chaturvedi, learned Senior Advocate, assisted by Shri Anurag Srivastava for the appellants, Shri Ran Vijay Singh, representing State respondents and Dr. L. P. Mishra, Shri Jagdish Tripathi and Shri Atul Kumar Dwivedi, learned counsels representing respondent No. 4.
This intra court appeal under Chapter VIII Rule 5 of the Rules of the Court has been filed, challenging the order dated 06.03.2020 passed by Hon'ble Single Judge in Writ Petition No. 7217 (M/S) of 2020, whereby Hon'ble Single Judge has only granted time to the petitioners-appellants to reply to the preliminary objections raised on behalf of private respondents. The matter before Hon'ble Single Judge has been ordered to be listed on 17.03.2020 as fresh and it has been provided that in case any election of the Society in question is held in pursuance of the order dated 09.01.2020, which is under challenge in the writ petition, such election shall be subject to further orders of the Court.
In the writ petition a challenge has been made by the petitioners-appellants to the order dated 09.01.2020 passed by the Deputy Registrar, Firms, Societies & Chits, Lucknow Division, Lucknow, whereby the officiating Pradhan of Arya Pratinidhi Sabha (a society registered under the Societies Registration Act) has been directed to undertake the proceedings for filling up the office of Mantri by convening a meeting of Antrang Sabha (General Body) of the society.
The writ petition is still pending. By the order impugned in this special appeal, rights of appellants-petitioners have also been protected to some extent, however, by filing this special appeal, a prayer has been to set aside the said order dated 06.03.2020 passed by learned Single Judge without making any further prayer.
Having considered the competing submissions made by the learned counsel representing the rival parties, what needs to be considered at the first instance is as to to whether the order dated 06.03.2020 passed by Hon'ble Single Judge is amenable to jurisdiction of a Division Bench of this Court under Chapter VIII Rule 5, which provides for remedy of an intra court appeal.
Needless to say that an intra court appeal would be maintainable before a Division Bench of this Court against the order/judgment passed by Hon'ble Single Judge only in case the order impugned in the special appeal decides some issue. Even if an order passed by Hon'ble Single Judge under challenge in special appeal is interlocutory or intermediary in nature, the same can still be subject matter of challenge and special appeal would be maintainable in case such an interlocutory or intermediary order decides some issue.
From a perusal of the order passed by the Single Judge it is clear that same does not decide any issue. The order only permits the petitioners to make submissions /reply to the issue raised by learned counsel for the respondents as regards the maintainability of the writ petition. It further protects the rights of the appellants by providing that election which is scheduled to be held today, will be subject to further orders which may be passed by the Court.
Learned Senior Advocate, Sri Asit Chaturvedi representing the appellants/petitioners at this juncture has submitted that it would have been more appropriate for Hon'ble Single Judge to have permitted the proceedings of election to go on, however, it ought to have been provided that the result of the election would not be declared. The said submission made by Sri Chaturvedi does not persuade us to entertain this special appeal for the reason that the order passed by Hon'ble Single Judge does not decide any issue, much less conclusively. The field before the Hon'ble Single Judge is wide open for the parties and since the order impugned in this special appeal already provides that the election held, if any, shall be subject to further orders which may be passed in the writ petition, we do not find that by not providing that the result of the election would not be declared, the appellants-petitioners would suffer any prejudice or injury at this juncture.
For the reasons aforesaid, we are not inclined to entertain this special appeal which is hereby dismissed.
However, we request Hon'ble Si
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ngle Judge to hear the writ petition and decide the same taking into account the rival submissions which may be advanced by learned counsel for the parties, as expeditiously as possible. It is further provided that if any election is held pursuant to the order which is under challenge in the writ petition, it shall specifically be provided by the Deputy Registrar by issuing an order that such election shall be subject to further orders which may be passed in the writ petition.