Delhi High Court
Subhash Chand Vinayaka And Anr. vs All India Shwetambar Sthanakwasi ... on 16 December, 2002
Equivalent citations: 102 (2003) DLT 733
Author: J Kapoor
Bench: J Kapoor
JUDGMENT
J.D. Kapoor, J.
1. Applicants/plaintiffs were voters in the
election for the post of President of All India Shwetambar
Sthanakwasi Jain Conference (in short 'Conference') to be
held on 29.9.2002. There are as many as 8000 voters who
were eligible to participate in the said election. The
applicants through this application want to restrain
defendant Nos. 2 & 3 from assuming the office of President
and Chairman respectively so as not to give effect to the
sham elections and results announced by defendant No. 4.
2. The main premise for obtaining aforesaid relief
is that election to the office of President was held in
contravention of schedule of election programme and the
rules of the Conference. According to the plaintiff the
nomination papers were to be filed by 23rd August, 2002
and the date of withdrawal was 23.9.2002 and the voting
was to be done on 29.9.2002. It is averred that as many
as four persons filed their nomination papers for the post
of President namely S/Shri Nemichand Chopra Jain, Nagin
Lal Jhamar, Ranjeet Singh Sojatia and Nemnath Jain. It is
alleged that only two of them namely Nagin Lal Jhamar and
Ranjeet Singh Sojatia withdrew from the nomination and
therefore election was to be conducted from amongst
Nemichand Chopra Jain and Nemnath Jain. As per the
proceedings and decision of Chief Election Officer,
Nemichand Chopra Jain was elected as President while
Nemnath Jain was elected as Chairman. The proceedings and
declaration of the result of election are to the following
effect:-
"1. That the first candidate Shri Nemi
Chand Chopra Jain (Palli) shall carry on the
responsibility of the post of President of
the All India Shwetamber Sthanakwasi Jain
Conference for the next two years.
2. That the second Candidate Shri
Naveen Lal Jhamar Jain (Megh Nagar) has
withdrawn his Candidature.
3. That the Third candidate Nemnath
Jain shall hold the post of Honorary Chairman
of All India Shwetambar Sthanakwasi Jain
Conference.
4. That the forth candidate Shri
Ranjeet Singh Sajatya (Udaipur) has
withdrawn his candidature.
All the four candidates made this
declaration in the presence of Shri Pushp
Jain, Member of Parliament, Officer Bearer of
the Conference and the Present Public that is
present.
6. Keeping in view the highest feeling
expressed by all the four candidates. I Rama
Nand Jain, Chief Election Officer, in
consultation with my associates Assistant
Election Officers unanimously - Shri
Nemichand Chopra Jain (Palli) has been
elected to the post of National President of
All India Shwetamber Sthanakwasi Jain
Conference, New Delhi for the next two
years."
3. As is apparent from the aforesaid proceedings,
the candidates who were left in the field were S/Sh. Nemi
Chand Chopra Jain and Nemnath Jain. They decided and
agreed not to contest the election. One of them agreed to
be made the President while the other agreed for the post
of Chairman.
4. Admittedly defendant No. 3 has taken over and
assumed the office of President w.e.f. 1.10.2002.
However, defendant No. 2 who was nominated as Chairman has
not assumed the said office nor has taken over Chairman of
said conference.
5. Merely because the applicants happen to be
voters does not mean that they can force themselves upon
the candidates. Acceptance of post of Chairman by Nemi
Chand Chopra Jain by agreeing to the wishes of the people
who were present there impliedly amounted to withdrawal of
Nem Nath Jain from the post of President. Had he been
insisting in getting the election of President conducted
as per schedule of programme he would have not agreed to
the post of Chairman. However, counsel for defendant No. 2
Nem Nath Jain states that Mr. Nem Nath Jain did not agree
to the post of Chairman and insisted for elections and
therefore he has no taken over as Chairman. Though there
is not an iota of such an indication in the proceedings of
the elections, even if it is so, Nem Nath Jain alone has
locus standi to institute the suit and none else. He
cannot be arrayed as defendant and be a dormant or silent
spectator to the proceedings initiated by only two voters
on his behalf. Having accepted the decision of Chief
Election Officer and that too by way of deferring to the
wishes of people who were present there, he cannot be
allowed to fire the gun from the shoulders of others.
Even otherwise one or two voters cannot be allowed to
institute the suit in a derivative form or manner as there
have to be substantive numbers to clothe the suit in
representative capacity. Such an action is abuse of the
process of the court particularly when the aggrieved
person namely Nemnath Jain has not come forward to
challenge the validity or veracity of the proceedings as
noted by Chief Election Officer.
6. These observations are being made only for the
purpose of dealing the question whether the President so
elected can be restrained from obtaining the accounts of
Society and can be restrained from assuming the office of
President or not. Neither is there a prima facie case for
interim injunction established by the applicants nor does
the balance of convenience lie in their favor nor would
they suffer irreparable loss or injury. Rather the
Conference would suffer irreparable loss and injury if the
prayer of the applicants is allowed.
7. Application is misconceived, frivolous and has
no merit and is hereby dismissed.
IA 10781/2002
The President shall submit the details of the
operation of the accounts from time to time to the
Governing Body of the Conference during the pendency of
suit.
IA stands disposed of.
S. No. 1594/2002
List on 21st February, 2003.
