Gauhati HC allows Sharma to approach trial court

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By Our Reporter

SHILLONG: The Gauhati High Court, Shillong Bench has allowed Pawan Sharma and other permanent residents of Marwari community of Shillong to approach the trial court for expeditious hearing on the application filed by Sharma for issuing temporary injunction against the respondent.

Sharma and other permanent residents have in the recent past alleged that they were deprived of their legal right of inclusion of their names in the Electoral Roll of Shree Rajasthan Vishram Bhawan (SRVB) by the present Executive Committee (EC) represented by its Secretary, Kunj Behari Ajmera.

These residents had then alleged that their repeated requests were rejected and hence Sharma was left with no other option but to approach the court for preventing the EC of SRVB from going ahead with the election process pending the preparation of the electoral roll as per its constitution.

The High Court vide Order CR(P) No.(SH) 45 of 2011 dated December 22, 2011 then directed the maintenance of status quo meaning thereby that election would not take place till the matter is finally heard and disposed off by the court.

The High Court Judge T Vaiphei has ordered SRVB to show cause as to why this revision petition shall not be admitted returnable by January 3, 2012 and till the next date of hearing the parties should maintain status quo in respect of the EC of SRVB.

Meanwhile, in a new development to the case the High Court vide Order CR(P) No.(SH) 45 of 2011 dated February 03, 2012 has allowed Sharma to withdraw this revision petition with a liberty to approach the trial court for expeditious hearing on the application filed by him for issuing temporary injunction against the respondent.

“Needless to say, the trial court will dispose off the application after hearing both the parties within one month from the date of receipt of this order. Status quo as on today shall be maintained by the parties only till the case is taken up by the trial court for hearing on temporary injunction. It shall be open to the respondents to oppose further grant of temporary injunction.

The prayer for continuance of the status quo order passed by this court shall be considered by the trial court without being in any manner influenced by the order of this court,” said T Vaiphei, High Court Judge.

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