JUDGMENT : Jayant Patel, J. Rule. Ms.Patel, learned AGP appears for respondents No.1 to 4 and Mr.Chirag Patel, learned Counsel appears for respondents No.5 to 15, waive service of notice. Mr.Patel is permitted to file his appearance for remaining respondents within two weeks from today. With the consent of the learned Counsel appearing for both the sides, the matter is further heard today. 2. The present application is for the relief, inter alia, to direct the Opponent No.2 to hold a fresh election, keeping in view the directions issued earlier by this Court vide order dated 5.2.2008. 3. Mr. Kinariwala, learned Counsel for the applicant, has not pressed the relief at para 7(C). 4. Heard Mr. Kinariwala, learned Counsel for the applicant, Ms. Patel, learned AGP for the respondent State Authorities and Mr. Chirag Patel, learned Counsel for the private respondents. 5. Upon hearing the learned Counsel appearing for both the sides, it appears that it is an admitted position that this Court on 5.2.2008 in Special Civil Applications No.1013 and 1014 of 2008 had issued direction No.4, which reads as under :- "Until the aforesaid election is held and completed, and the result is declared, and the elected body assumes the office, the affairs of the society shall remain under the control of Assistant Registrar, who may be nominated by the District Registrar for the aforesaid purpose being the officer under Section 74D of the Act, as an interim arrangement." 6. As such, in view of the aforesaid direction, not only the Assistant Registrar, as per the earlier directions No.1 to 3, was to function as the Election Officer, but he was also to act as the Officer under Section 74D of the Act by way of an interim arrangement. Therefore, consequence of the above referred directions was that the Custodian so appointed was not to function for interim arrangement, but the Assistant Registrar, who was to be nominated by the District Registrar was to function being In- charge of the affairs of the Society. 7. However, the learned AGP submitted that because of the bona fide mistake committed by the District Registrar in interpreting the order of this Court, the Assistant Registrar has acted as the Election Officer, but the meeting and other election process was looked after by the Assistant Registrar through Custodian. 8. 7. However, the learned AGP submitted that because of the bona fide mistake committed by the District Registrar in interpreting the order of this Court, the Assistant Registrar has acted as the Election Officer, but the meeting and other election process was looked after by the Assistant Registrar through Custodian. 8. As such the Assistant Registrar, in view of the aforesaid order, could not delegate the power to the Custodian, nor could he act through Custodian and, in any case, in view of the earlier order passed by this Court dated 5.2.2008, he had to hold the affairs of the Society and also to hold the election. 9. It is an admitted position that the election has been held by the Custodian, may be at the instance of the Assistant Registrar. Therefore, it will be required for the Assistant Registrar to hold the election of the Society afresh, since the election has been held in contravention to the order passed by this Court. 10. Mr.Patel, learned Counsel appearing for the newly Elected Body at the aforesaid election, made the grievance that the applicant has not up till now handed over the records to the newly Elected Body. 11. Mr. Kinariwala, learned Counsel appearing for the applicant, under the instructions of his client, states that the applicant has no objection in entrusting the records to the Assistant Registrar pending the fresh election. 12. Even otherwise also, as the Assistant Registrar was to hold the control of the affairs of the Society, it would be just and proper if the records are entrusted to the Assistant Registrar by the applicant and after the election, as may be ordered herein after, such records can be entrusted to the newly elected body. 13. In view of the aforesaid, I find that the following directions shall meet with the ends of justice :- (a) The applicant shall entrust all the records of the Society to the Assistant Registrar within a period of one week from today and the Assistant Registrar shall accept the record after issuing proper receipt for such purpose. 13. In view of the aforesaid, I find that the following directions shall meet with the ends of justice :- (a) The applicant shall entrust all the records of the Society to the Assistant Registrar within a period of one week from today and the Assistant Registrar shall accept the record after issuing proper receipt for such purpose. (b) After compliance to the aforesaid the election held on 7.3.2008, being in contravention to the order passed by this Court dated 5.2.2008 vide direction No.4, shall stand set aside with the further direction that :- (i) the election shall be held afresh by the Assistant Registrar being in control of the affairs of the Society and as also the Election Officer as ordered by this Court vide order dated 5.2.2008, preferably within a period of five weeks from today. (ii) It is further observed that the Assistant Registrar shall declare the result and the elected body shall be permitted to assume the office and the records of the Society shall be entrusted by the Assistant Registrar to the newly elected body. 14. The application is allowed in terms of the aforesaid directions. Rule made absolute accordingly. No order as to costs. Direct service is permitted. Application allowed.