IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 227 of 2009 Smt. Rajbala & others. .……… Appellants Versus Addl. Education Director & others. .………. Respondents Mr. Manoj Tiwari, Senior Advocate with Mr. Bhagwat Mehra, Advocate for the appellants. Mr. H.M. Raturi, Standing Counsel for respondents Nos. 1, 2, 5 & 6. Mr. Ajay Veer Pundir, Advocate for respondent No. 4. JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble B.C. Kandpal, J. J.S. KHEHAR, C. J. (Oral) The instant Special Appeal has been preferred against the interim order passed on 03.12.2009 in Writ Petition No. 1947 of 2009 (M/S). 2. It is inappropriate for us to interfere in interim directions unless the situation is extra-ordinary. However, during the course of hearing, learned counsel for the appellants invited our attention to the “constitution” of the Janta Junior High School Society at Majri, Gummawala in district Haridwar. The aforesaid “constitution” is available on the record of the writ petition as Annexure No. 1. Learned counsel for the appellants painstakingly required us to peruse paragraph 4 thereof, which not only depicts the constitution of the General Body as being comprising of patron members, life members, ordinary members, nominated members, erstwhile members; but also the exigencies in which such members can be disqualified. The aforesaid effort was made at the hands of the learned counsel for the appellants so as to demonstrate, that none of the appellants can be treated as having been disqualified, and as such, none of the appellants / petitioners could have been excluded from the process of election for new management committee. In this behalf, it is also pointed out, that the existing tenure of appellant / petitioner No. 1 Smt. Rajbala consequent upon her election, would have lasted till 27.04.2010, and as such, the exclusion of Smt. Rajbala from those elected to the new committee, as also, the prohibition against the petitioner Smt. Rajbala, and the 2 other petitioners in the writ petition, from participating in the process of election, as voters, had cost serious prejudice to the petitioners / appellants. 3. All the issues advanced by the learned counsel for the appellants / petitioners, some of which have been noticed in the foregoing paragraph, would obviously be taken into consideration at the time of final disposal of Writ Petition No. 1947 of 2009 (M/S), which in terms of the impugned order dated 03.12.2009, is now posted for hearing on 14.12.2009. In the facts and circumstances of this case, keeping in view the apprehension at the hands of the appellants / petitioners, that their claim on merits has been sealed by certain observations made by the learned Single Judge in the impugned order dated 03.12.2009, though the learned counsel for the respondents, as also, we ourselves, are unable to subscribe to the aforesaid view, yet in the interest of justice, we consider it just and appropriate to clarify, that at the time of final disposal of the aforesaid Writ Petition No. 1947 of 2009 (M/S), the issues canvassed at the hands of the appellants / petitioners on merits shall also be considered and disposed of in accordance with law. 4. Since the controversy relates to the election of members of the Managing Committee and other office bearers, we hereby direct the respondents to file their counter affidavits before the next date of hearing or as expeditiously thereafter as may be possible, so that the main Writ Petition can be disposed of at the earliest. 5. The instant Special Appeal is accordingly disposed of in the aforesaid terms. (B.C. Kandpal, J.) (J.S. Khehar, C. J.) 10.12.2009 10.12.2009 G