Dharmendra Gupta vs. Registrar Firms And Societies

COURT NO.6

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 36732/2024

(Arising out of impugned judgment and order dated 31-07-2024 in WP No. 27769/2023 passed by the High Court of M.P at Indore)

DHARMENDRA GUPTA & ANR.

Petitioner(s)

VERSUS

REGISTRAR FIRMS AND SOCIETIES & ORS. Respondent $(s)$

(IA No. 183058/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 183057/2024 - EXEMPTION FROM FILING O.T. IA No. 183056/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 183055/2024 - PERMISSION TO FILE PETITION (SLP/TP/WP/..))

WITH SLP(C) No. 18948/2024 (IA No.183799/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date: 30-08-2024 These matters were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE ABHAY S. OKA HON'RIF MR. JUSTICE AUGUSTINE GEORGE MASTH

For Petitioner(s)

Mr. C. Arvama Sundaram, Sr. Adv. Mr. Siddharth R Gupta, Adv. Mr. Mrigank Prabhakar, AOR Mr. Sriram Parakkat, Adv. Mr. Abhishek Gupta, Adv. Mr. Shantanu Sharma, Adv. Mr. Piyush Parashar, Adv. Mr. Ardhendumauli Kumar Prasad, Sr. Adv. Mr. Gharote Anurag A, AOR Ms. Taruna Ardhendu Prasad, Adv. Ms. Kalyani Bhide, Adv. Mr. Hitesh Sharma, Adv. Mr. Deepesh Singh, Adv. Mr. Akshay Kumar, Adv.

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For Respondent(s)

Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Amit S Agarwal, Sr. Adv. Mr. Amit S. Agarwal, Sr. Adv. Mr. Mohammad Ibrahim, Adv. Mr. Pranav Diesh, Adv. Mr. Amit Bhandari, Adv. Mr. Shanthanu Sharma, Adv. Mr. Shivashis Joshi, Adv. Mr. Sujeet Desmukh, Adv. Mr. Arjun Agarwal, Adv. Mr. Mutahir Ahmed Khan, Adv. Mr. Yashraj Gupta, Adv. Mr. Mutahir Ahmad Khan, Adv. Mr. Somanadri Goud Katam, AOR Mr. Ponnam Mahesh Babu, Adv. Mr. Sirajuddin, Adv.

UPON hearing the counsel the Court made the following O R D E R

Permission is granted to file Special Leave Petition.

Heard the learned senior counsel appearing for the petitioners.

Clauses (i) and (ii) of the order dated 15th May, 2024 of this Court in Civil Appeal No.6448 of 2024 read thus:

"i. The directions issued in terms of paragraph 14 of the impugned judgment and order are hereby confirmed subject to modification that elections shall not be held on the basis of the list of members/voters as on 30th January, 2016. The direction to hold election on the basis of the list of members/voters as on 30th January, 2016 is set aside. The Writ Petition is remanded to the High Court only for limited purpose of deciding the issue of list of voters on the basis of which election should be held;

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ii. Considering the fact that the elections as directed must be held at the earliest, we request the High Court to hear the parties and pass appropriate order regarding preparation of a fresh list of members/voters eligible to vote in the elections to be conducted in terms of clause (1) of paragraph 14 of the impugned judgment and order. Needless to add that the High Court will consider applicable laws/rules/bye-laws while determining the issue;"

The impugned order does not issue any final direction regarding preparation of a fresh list of voters eligible to vote in the elections to be conducted in terms clause (i) as mentioned above. All issues in that behalf still remain open. Even the report of the Registrar is subject to further orders which may be passed by the Court. As there is no final adjudication made by the High Court regarding preparation of a fresh list of voters who will be eligible to vote in the elections, at this stage, no interference is called for with the impugned order. The Special Leave Petitions are accordingly dismissed.

All contentions of the parties are left open which shall be considered by the High Court.

Pending applications also stand disposed of.

(ANITA MALHOTRA)	(AVGV RAMU)
AR-CUM-PS	COURT MASTER

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