• Cancellation of nomination of welfare society

our society named all india bhedkut association registeredd with sub-registrar delhi. election according to bye laws of society is by raise of hand. due to dispute it is decided election will be held by secret vallet paper but there is no procedure written in bye laws of society,  nomination filled as per scheduled.after scrutiny one candidate nomination cancelled for the post of president by election officer because that candidate proposed the nomination of another candidate for the same post. before three day of voting he filled petition in the court for stay & court grant stay to plaintiff on the basis that there is no written guide line in our society bye laws.is court direction is right if not under which act or ruling we can appealed to vacate the stay..
Asked 1 year ago in Civil Law from delhi, Delhi
Hi, you can't say that court direction is right or wrong.

2. You can vacate the stay by filling application under order 39 rule 4 CPC and after hearing the parties court will pass necessary order.

3. Contact local advocate will help you in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4164 Answers
141 Consultations
4.3 on 5.0
1) in the absence of any provision in your bye laws election officer wrongly rejected nomination form merely because candidate had proposed name of another candidate 

2)court has rightly granted stay against decision of election officer 

3) file consent terms in court and accept his candidature and proceed with the election process 
Ajay Sethi
Advocate, Mumbai
24861 Answers
1338 Consultations
5.0 on 5.0
1. The court has passed the stay order on the ground that the society bye laws do not have any written guidelines dealing with the issue in hand. 

2. One cannot decide the basis of appealing the stay order unless the bye laws are perused in a threadbare manner. 
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
5.0 on 5.0
court is right, you may file an appeal before court as per Civil procedure code-1908
Nadeem Qureshi
Advocate, New Delhi
3646 Answers
138 Consultations
4.9 on 5.0
1. There is no act by which stay order is prayed to be vacated,

2. Stay order granted is prayed to be vacated on merit and on acceptable grounds,

3. There is a standard procedure for election which is followed in every election and the said person should have followed that though it was not detailed in the bye laws,

4. You should file a patition for vacatingb the aid stay order, inter alia, on this ground.
Krishna Kishore Ganguly
Advocate, Kolkata
12737 Answers
263 Consultations
5.0 on 5.0

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