1 ao1111.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1111 of 2011 WITH Civil Application No. 1481 of 2011 in AO No. 1111/2011 Bhachau Visiha Oswall Mahajan & ors. ...Appellants v/s. Mr. Lakshmichand Popatlal Charla & ors. ...Respondents Mr. M.M.Vashi i/b. M/s. M.P. Vashi & associates for the appellants. Mr. Shailesh Shah for the respondents. CORAM: R.M. BORDE, J. 14th October, 2011 PC: In this Appeal from Order, challenge is raised to the order of refusal to grant ad-interim relief as prayed for by the appellants by the Judge of the City Civil Court in Notice of Motion moved in S.C. Suit No. 1813/2011. The appellant-original plaintiffs have prayed for order restraining the defendants from holding elections of Shri Vagad Visha Oswal Chovisi Mahajan scheduled on 16th October, 2011. It is informed that the membership of the community consists of about 32000 and out of 32000 total members, 28000 are registered and are participating in the process of election. It is stated that all the stages of election are over except the stage of casting votes and the voting is scheduled on 16th of this month. Clause 3 of the Constitution provides that in order to become eligible for casting vote, members of the community who complete the age of 18 years can become life member and can also exercise the right of voting and can participate in different activities and also can register 2 ao1111.11.sxw their candidature in the election. Rule 3 of the Constitution presupposes registration of voter as a pre-condition for participating in the process of election. It is stated that about 28000 members have registered their names as voters and are permitted to participate in the process. The appellants and some other members have chosen not to register their names and are, therefore, obviously left out of the process of election. At this stage of proceedings, it would not be possible to infer that community in respect of which the elections are being held has diverted itself from the provisions of the Constitution and elections are being held in total disregard to the rules formulated by the Federal Body. Considering the advance stage of process of election, it would not be prudent to cause interference at this stage. The ad-interim order passed by the trial Court cannot be said to be perverse or irrational. There is no merit in Appeal from Order. The Appeal from Order stands dismissed. 2. In view of dismissal of Appeal from Order, Civil Application does not survive and stands disposed of. 3. It is needless to mention that elections which are scheduled to be held would be subject to final outcome of the suit. (R.M.BORDE, J)