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2015 DIGILAW 326 (GUJ)

Rajpath Club Limited v. Jagdishchandra B. Patel

2015-03-25

ABDULLAH GULAMAHMED URAIZEE, K.S.JHAVERI

body2015
JUDGMENT K.S. Jhaveri, J. Rule. Learned counsel for the respondents waive service of rule. 1. We have heard Mr. Kamal Trivedi learned Senior Advocate, Mr. S.I. Nanavati learned Senior Advocate appearing with Ms. Anuja Nanavati, Mr. Mihir Thakore learned Senior Advocate, Mr. R.S. Sanjanwala learned Senior Advocate, Mr. Shalin Mehta learned Senior Advocate and learned Advocate Mr. C.B. Upadhyaya. 2. With the consent of the parties concerned, the matter is taken up for final disposal today. When the matter was earlier listed before this Court on 03.03.2015, the following order was passed; “ORDER IN OJ APPEAL: Notice returnable on 25.03.2015. ORDER IN OJCA: With consent of Senior advocates appearing for the parties, the following order is passed:- 1. Rule returnable on 25.03.2015. 2. Mr. Justice D.A. Mehta, Retired Judge, High Court of Gujarat is appointed as an Observer to observe as well as take decisions on all issues arising out of the Election and his decision shall remain final and binding to all concerned. 3. Justice Mehta will be intimating to the Club to make appointment of such persons to render him the necessary assistance for the aforesaid purpose. 4. He will be making the appointment of Stenographer, Clerk, Peon as per his requirement and remuneration fixed by him shall be paid by the Club to such appointees. 5. Justice Mehta will be provided transportation by the Club which shall be a hired vehicle by the club. 6. The remuneration for Mr. Justice Mehta will be paid by the Club which shall be Rs. 5 Lacs. 7. Neither interested candidates nor any other supporters shall make any propaganda or representation to anyone that such appointment of the Observer is made at their instance and/or at their request. 8. The Application made by the Respondent Nos. 1 to 8 before the Company Law Board for certain directions, which is coming up for hearing on 05.03.2015 will not be pressed or it will be withdrawn. 9. Liberty to either of parties to move for any further direction/order, if it is felt necessary. Direct service is permitted.” 3. Pursuant to the aforesaid order, the learned Observer appointed by this Court submitted an Interim Report on 24.03.2015, which has been taken on record. 9. Liberty to either of parties to move for any further direction/order, if it is felt necessary. Direct service is permitted.” 3. Pursuant to the aforesaid order, the learned Observer appointed by this Court submitted an Interim Report on 24.03.2015, which has been taken on record. It is reflected from the said Report that after the polling process was over, initially, the respondent group sought participation by its candidates and/or their representatives during the counting process by one person remaining present at every counting table. When this was turned down, both the groups were ready and willing to watch the process of counting from a distance. However, after the polling was over, learned advocates from both the sides approached the learned Observer and once again reiterated participation by the candidates and/or their representatives. The learned Observer, therefore, devised a system whereby five representatives from each group would be permitted to watch the counting process from outside the perimeter set up for counting purposes. The said system was acceptable, as conveyed by the learned Advocates initially. But, just when the counting was to commence, some of the candidates stated that they were not agreeable to the aforesaid arrangement because they did not belong to any group (panel) as such and wanted to remain present themselves with one representative each on each of the counting tables. Considering the fact that 6,483 ballot papers have been used, each ballot paper containing 60 names of the candidates contesting the election, a voter has to cast his votes to elect 30 members, the total count would come to 1,94,490 votes. Under Rule 21(1)(k) of the Rules, the Scrutinizers' Report requires to state the total votes cast, valid votes, votes in favour and against the resolution including the details of invalid polling papers and votes comprised therein. Thus, in effect, the aforesaid count of 1,94,490 would get doubled while preparing the final election result. In the aforesaid set of circumstances, as the parties were not amenable to any practical solution considering the magnitude of the task, the learned Observer was constrained to take the decision to defer the counting process. 4. In view of the above circumstances, the learned Observer sought indulgence of this Bench. In the aforesaid set of circumstances, as the parties were not amenable to any practical solution considering the magnitude of the task, the learned Observer was constrained to take the decision to defer the counting process. 4. In view of the above circumstances, the learned Observer sought indulgence of this Bench. Having gone through the said Report and after hearing the learned counsel on both the sides and with consent, we pass the following order for the smooth process of counting of votes; (a) The counting of votes shall take place on Saturday, the 28th March, 2015, in the Hall of the Club located on the First Floor, at the time that shall be fixed by the learned Observer. (b) The entire process of counting of votes shall be done under the control and supervision of the learned Observer, who is the Representative of this Court, appointed pursuant to the directions issued by this Court vide the earlier order. An Officer in the rank of Deputy Registry of this Court is deputed only for the purpose of providing necessary assistance to the learned Observer. (c) The learned Observer shall set out the perimeter of the area for counting of votes, which shall be secured and the sanctity of the said area shall be maintained with the help of effective/sufficient police force, over and above, the private security deployed by the Company. The decision of the learned Observer in this regard shall be final and binding to all concern. (d) The counting of votes shall be done by Gazetted Officers of this Court, in all 32, whose names and relevant particulars shall be handed over to the learned Observer by the Court Sheristedar of this Court tomorrow. All such Officers shall be in the rank of Principal Private Secretaries (Class-I), Assistant Registrar (Class-I) and Private Secretaries (Class-II). (e) The above 32 Officers of this Court shall be paid remuneration at the rate of Rs. 10,000/- each [Rupees Ten thousand only]. The Deputy Registrar assigned with the duty of providing assistance to the learned Observer shall be paid remuneration of Rs. 15,000/- [Rupees Fifteen thousand only] (f) The following four Lawyers are deputed to assist the learned Observer and they alone shall be allowed entry in the Hall while the counting is under progress. I. Shri Pankaj Champaneri II. Shri Gautam Joshi III. Shri Premal Joshi IV. 15,000/- [Rupees Fifteen thousand only] (f) The following four Lawyers are deputed to assist the learned Observer and they alone shall be allowed entry in the Hall while the counting is under progress. I. Shri Pankaj Champaneri II. Shri Gautam Joshi III. Shri Premal Joshi IV. Shri Maulik R. Shah The above four Lawyers shall be paid remuneration at Rs. 25,000/- each [Rupees Twenty five thousand only]. (g) No person, including the Officers deputed by this Court as also the Advocates deputed for assisting the learned Observer, shall be permitted to enter the Hall where counting is to take place with Mobile Phones, Pens/pencils or any other electronic gadgets. Necessary stationary items to be utilized in the counting process shall be provided at the instance of the learned Observer. Further arrangements shall be made by the Club to deposit such instruments in Safe Vault, if any one is found carrying such articles/gadgets. (h) The Club shall make necessary arrangements for security to ensure that the counting process gets concluded smoothly. For that purpose, the Club shall make necessary application to the Police Inspectors of Vastrapur Police Station as also to Satellite Police Station for providing sufficient police protection at the place of counting, at the cost of the Club. If any such application is made, the Police Inspector shall depute necessary police personnel at the place of counting so that the counting process is completed without any law and order problem. (i) The parties shall deposit an amount of Rs. 6,00,000/- [Rupees Six lacs only] with the Registry of this Court by 26/03/2015. The said amount shall be shared by the two groups, one led by Shri Paresh Dani and the other led by Shri Jagdishbhai Patel, in equal proportions, i.e. Rs. 3,00,000/- each. After the entire process is over, the parties shall withdraw the balance amount from the Registry, which shall be disbursed in equal proportions. (j) Over and above the afore-mentioned four Lawyers, two other learned Advocates, namely, Shri C.B. Upadhyaya and Shri Ajitsinh Jadeja, who represent the rival groups, are permitted to enter the Hall of the Club where the counting process is to take place for providing assistance to the learned Observer. Shri S.I. Nanavati learned Senior Advocate shall also be allowed to enter the Hall in the capacity of Representative of the Club. Shri S.I. Nanavati learned Senior Advocate shall also be allowed to enter the Hall in the capacity of Representative of the Club. All the aforesaid three Lawyers have voluntarily disclosed to render honorary service for the above work. (k) None of the aforesaid persons, including the Advocates, shall be allowed to re-enter the Hall referred to above, if any of them once leaves the same, except for attending natures call. (l) If any party is aggrieved with any action or arrangement at the place of counting, such party shall make an application in that regard to the learned Observer before the counting process commences. Under no circumstances, any such application shall be accepted by the learned Observer once the counting has begun. If any such application is made, the learned Observer shall consider and decide the same appropriately. The decision of the learned Observer shall be final and binding to all concern. (m) The learned Observer shall not declare the results but, shall keep it in a sealed cover and place it before this Court. (n) It is hoped that the candidates, their representatives and Members of the Club shall cooperate with the learned Observer in smooth process of counting of votes and shall also maintain the dignity and decorum of the learned Observer. 5. With the above directions, the application stands disposed of. Rule is made absolute to the above extent with no order as to costs. The Appeal be listed for hearing on 30th March 2015. Direct service today.