Jammu & Kashmir High Court
Ravinder Gupta S/O Late Kewal Krishan ... vs Romesh Kumar Gupta on 27 March, 2024
4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 56/2024
Cav No. 168/2024
1. Ravinder Gupta S/O Late Kewal Krishan Gupta
R/O Resham Ghar Colony, House No. 551, Jammu
2. Vishal Gupta S/O Kanwal Gupta
R/O Opposite Canal Bridge, Lane No. 4,
Greater Kailash, Jammu .....Petitioner(s)
Through: Mr. Aditya Sharma, Adv.
q
Ms. Shivani Jamwal, Advocate
vs
1. Romesh Kumar Gupta
S/O Late Badri Nath Gupta,
R/O House No. 292, Krishna Nagar, Jammu
2. Mohan Lal Gupta S/O Tara Chand
R/O House No. 945, JMC Lane, Talab Tillo
.....Respondent(s)
3. Raman Kumar Gupta S/O Late Sh. Kasturi Lal
C/O Maha-Shakti Building Material Store
Parade Ground Jammu
All Jandiyal Sabha, Gole Pulli, Talab Tillo, Jammu
4. Rakesh Jandiyal
General Secretary of All Jandiyal Sabha,
Gole Pulli, Talab Tillo, Jammu
..... Proforma Respondent(s)
Through: Mr. Vikram Sharma, Sr. Advocate with
Mr. Sachin Dev Singh, Advocate
CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
27.03.2024
With the appearance of Mr. Sachin Dev Singh, learned counsel for the
respondents/caveators, Caveat stands discharged.
1. Petitioners, through the medium of this petition filed in terms of
Article 227 of the Constitution of India, have invoked the supervisory
jurisdiction of this Court seeking quashment of order dated 02.02.2024
passed by the Court of learned Principal District Judge, Jammu ('Appellate
Court', for short) whereby interim direction dated 05.04.2022 passed by the
court of learned Sub Registrar, Jammu ('trial Court', for short) in Suit titled
'Vishal Gupta & Anr. V. Raman Kumar Gupta & Anr.' has been stayed.
2. Learned counsel appearing for the petitioners while reiterating the
grounds urged in the petition has argued that the appellate Court has wrongly
passed the order dated 02.02.2024 staying the order dated 05.04.2022 passed
by the trial court. He argued that Suit had been filed by the petitioners,
Vishal Gupta and Ravinder Gupta before the trial Court against Raman
Kumar Gupta (President) and Rakesh Jandiyal (General Secretary) of
Jandiyal Sabha, whereby status quo order was passed and against the order
of status quo, an appeal came to be filed by respondents, Romesh Kumar
Gupta and Mohan Lal Gupta before the Appellate Court, which, after hearing
both the parties, had been pleased to stay the order passed by the trial court,
as such, petitioners herein are aggrieved of the order passed by the appellate
court and have invoked the supervisory jurisdiction of this Court for
quashment of order dated 02.02.2024 passed by the appellate court.
3. Mr. Vikram Sharma, learned Senior Counsel also appeared on behalf
of respondents No. 1 & 2 and argued that petitioners have, in fact, filed a
collusive Suit before the trial Court to perpetuate the tenures of respondents,
namely, Raman Kumar Gupta and Rakesh Jandiyal, who had been elected as
President and General Secretary of Jandiyal Sabha, Jammu and to allow
them to continue their tenure beyond permissible period as contained in
Constitution of the Sabha. He has further argued that election-authority has
initiated the election process for which the election schedule has been
announced by stating that date of notification inviting applications from
eligible jandiyals for election to the posts of President and General Secretary
of the Sabha was issued on 16.03.2024, last date for filing of the nomination
form is mentioned as 22.03.2024, scrutiny of papers at Devasthan will be
held on 23.03.2024 at 12 Noon and withdrawal of nomination papers is
shown to be by 27.03.2024 till 2:00 p.m. and the election at Devasthan shall
be held on 31.03.2024 from 10:00 a.m. to 3:00 p.m., as such, as on date, only
elections are to have held.
4. Learned Senior counsel has further argued that the petitioners through
the medium of this petition have challenged the order passed by the appellate
Court on 02.02.2024 at the fag end when election schedule was announced,
so as to perpetuate the tenures which have since expired of the respondents,a
who are President and General Secretary of the Sabha and prayed that such a
design should not be allowed so that the petitioners may not succeed in
scuttling the process of election.
5. During the course of arguments, learned Counsel for the petitioners
submits that petitioners are not much aggrieved since they are also interested
that the election process be held and is not scuttled. However, election be
held as per the Constitution of the Jandiyal Sabha which provided that
election shall be held on 'Kartik Purnima' every year and that the election
schedule announced by the election authority is not in consonance with the
provisions of Constitution of the Jandiyal Sabha. Finally, he has restricted
his argument to this contention only and prayed that election schedule
announced by the election authority be stayed so that elections are held in
terms of the Constitution of Jandiyal Sabha.
6. Since the election schedule has not been questioned in this petition
and only an order passed by the appellate court is in issue and when
especially the submission made by the learned counsel for the petitioners is
that the petitioners are also interested that the elections are to be held,
therefore, no fault can be found with the order passed by the appellate court.
So far as the question of holding or not holding of the elections in terms of
the Constitution of the Jandiyal Sabha is concerned, petitioners shall be at
liberty to avail appropriate remedy in accordance with law and this Court
cannot go into with that aspect of the matter when the same has not been
specifically challenged.
7. Viewed thus, the present petition along with connected CM(s) stands
dismissed in limine.
(MA Chowdhary)
Judge
Jammu
27.03.2024
Paramjeet
Whether the Judgment is speaking? Yes/No
Whether the Judgment is reportable? Yes/No
