S.B. CIVIL REVISION PETITION NO.186/2008 Dr. N.C.Mehta Vs. Association of Medical Practitioners, Jodhpur & Ors. Date of order : 18th September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. Smt. Sushil Gupta for the petitioner. --------- 1. Heard learned counsel. 2. This revision petition is directed against the appellate order dated 21.5.2008 upholding the order dated 14.5.2008 both the courts below have come to the conclusion that in view of the fact that election of defendant Society i.e. Association of Medical Practitioners, Jodhpur had already been conducted before the injunction suit could be decided and there was no temporary injunction in favour of the plaintiff- petitioner before such elections were conducted, therefore, the suit filed by the plaintiff for injunction against such election had become infructuous and injunction cannot be passed. 3. Having heard learned counsel for the petitioner, this Court is of the opinion that the courts below have not committed any error in passing the impugned orders. If the petitioner-plaintiff is aggrieved in any manner of the elections of the defendant Association, the remedy is either to file election petition, if so provided in the relevant statute or else challenging the same by way of writ jurisdiction, if so advised. The courts below cannot be said to have committed any error in rejecting the suit for injunction. 4. There is no force in the revision petition. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.1 babulal/-