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2015 DIGILAW 1491 (BOM)

Pratap Gawas v. State of Goa

2015-07-07

F.M.REIS, K.L.WADANE

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JUDGMENT : F. M. Reis, J. Heard Shri S. S. Kantak Senior Advocate with Shri Y. V. Nadkarni, learned Counsel appearing for the Petitioners, Ms. P. Bhandari, learned Additional Government Advocate appearing for the Respondent nos. 1 and 2, Ms. S. Khorjuvekar, learned Counsel appearing for the Respondent no.3 and Mr. Kaif Noorani, learned Counsel appearing for the Respondent no. 5. 3. The Petition came to be admitted by an Order dated 25.06.2015 whilst issuing interim directions with regard to the Annual General Body Meeting of the Goa Cricket Association which was scheduled to be held on 28.06.2015. 3. The above Petition, inter alia, prays for the following relief : (A) A writ of mandamus or a writ in the nature of mandamus directing the Respondent nos. 1, 2 and 6 to take over the election process from the Respondent nos. 3 to 5 and conduct the elections to be held on 28.06.2015 by appointing a supervisor to preside over the elections to ensure free and fair elections; (B) A direction form this Hon'ble Court commanding the Respondent nos. 3 to 5 to permit the Petitioners to exercise their right to vote at the elections to be held on 28.06.2015 through their nominees as given by their letters dated 13.06.2015 or alternatively through the President or Secretary of the respective Petitioner clubs; 4. At the time of the hearing of the above Petition on admission, we have taken note of the peculiar facts of the case and issued directions to conduct the elections of the Respondent no. 3 which were scheduled on 28.06.2015 by appointing an Election Committee consisting of Justice A. P. Lavande, Retired Judge of this Court, as President and Shri Nitin Sardessai, Senior Advocate and Shri Rajnikanth Lavandis, as a Member. The Respondent nos. 3 and 4 preferred a Special Leave Petition against the Order passed by this Court dated 25.06.2015 which came to be disposed of by an Order dated 26.06.2015. The Apex Court, inter alia, did not interfere in the interim Order directing that the election process be conducted by the said Election Committee. The Order of the Apex Court also records, that both the Counsels agreed that the election results would not be declared until the disposal of the above Writ Petition. The Apex Court, inter alia, did not interfere in the interim Order directing that the election process be conducted by the said Election Committee. The Order of the Apex Court also records, that both the Counsels agreed that the election results would not be declared until the disposal of the above Writ Petition. Accordingly, the election process proceeded on schedule and the Election Committee submitted a report dated 29.06.2015, inter alia, enclosing the Minutes of the election process including the Minutes of acceptance of the nomination forms and the withdrawals of such nomination forms. The said report, Minutes and annexures are marked 'X' collectively for identification. When the matter was taken up for hearing on 06.07.2015, an affidavit came to be filed by the Respondent nos. 3 and 4, inter alia, stating at Paras 3, 4 and 5 thus: “3. I say that the said Elections have been held on 28 June 2015 when the directions of the High Court have been duly complied with. 4. I say that in view of the Elections having already been held, it was unanimously decided by the managing Committee members (not being the Managing committee members supporting the Petitioners) not to oppose or challenge the Election process already conducted and completed and the new Managing Committee be constituted as per the outcome of the Elections. 5. In view of the aforesaid, it is submitted that Respondent no. 3 does not wish to contest or oppose the reliefs sought by the Petitioners and this Hon'ble Court be pleased to pass such appropriate orders as it may deem fit.” 5. On going through the said averments in the said affidavit, we find that the Respondent nos. 3 and 4 have accepted the appointment of the Election Committee appointed by this Court by the Order dated 25.06.2015 and the election process conducted by such Election Committee. 6. Shri S. S. Kantak, learned Senior Counsel appearing for the Petitioners, submits that in such circumstances, the above Petition can be disposed of in terms of the interim Order passed by this Court dated 25.06.2015 and direct the Election Committee to declare the results of such election process. 7. Learned Counsel appearing for the respective Respondents have no objection in case the Petition stands disposed of in terms of the interim Order and direct the Election Committee to consequently declare the outcome of the election process. 8. 7. Learned Counsel appearing for the respective Respondents have no objection in case the Petition stands disposed of in terms of the interim Order and direct the Election Committee to consequently declare the outcome of the election process. 8. For the reasons recorded in the interim Order dated 25.06.2015 and in view of the above, we pass the following : ORDER (I) The above Petition stands disposed of in terms of the said Order dated 25.06.2015. (II) The Election Committee shall accordingly declare the results of the election process preferably on 09.07.2015 at 5.00 p.m. at the Office of the Respondent no. 3. (III) Rule is made absolute in the above terms with no Orders as to costs. (IV) Registry may forward a copy of the Minutes marked 'X' colly to the President of Election Committee, to act accordingly.