CA 820/2018 @ SLP(C) 35288/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 820/2018
(arising out of SLP(C) No. 35288/2017)
SUPREME COURT BAR ASSOCIATION & ORS. Appellants
VERSUS
NRIPENDRA NATH BAIN Respondent
O R D E R
Leave granted.
Heard Mr. Vikas Singh, learned senior counsel
alongwith Mr. Vikram Yadav, learned counsel for the
appellants and Mr. Nripendra Nath Bain, respondent-in-
person.
The present appeal by special leave calls in
question the legal propriety of the order dated 12.12.2017
by which the Civil Judge (Senior Division) at Patiala House
Court, New Delhi in Title Suit No. C.S. 2603/2017 had
passed an order of injunction without ascribing any reason
to permit the respondent to cast his vote in the election
of the Supreme Court Bar Association. This Court on
13.12.2017 had passed the following order:-
�Heard Mr. Gaurav Bhatia, learned counsel for
the petitioners and Mr. Nripendra Nath Bain,
respondent-in-person.
Having heard learned counsel for the
petitioners and respondent-in-person and keeping in
view the urgency of the matter, we entertain this
petition and direct stay of the order dated
12.12.2017 passed by the Civil Judge (Senior
CA 820/2018 @ SLP(C) 35288/2017
2
Division) at Patiala House Court, New Delhi in
Title Suit No. C.S. 2603 of 2017 whereby it has
passed a mandatory order permitting the respondent-
plaintiff to cast his vote in the election
scheduled today.
We are passing this order as no reasons have
been ascribed and the jurisdiction of the Civil
Court to permit the voter to vote in an election
is, prima facie, not tenable.
Matter be listed in the third week of January,
2018.�
We have been apprised that the election is over.
In view of the aforesaid, the mandatory order passed by the
learned trial Judge has lost its force. That apart, we are
obliged to say that the Court below should not have passed
an order of mandatory injunction while the election process
was on. We may hasten to add, we have not expressed any
opinion with regard to the maintainability of the suit. It
is open to the respondent to raise the issue of
maintainability before the trial Court.
The appeal is allowed to the extent indicated
above. There shall be no order as to costs.
..................CJI.
[Dipak Misra]
....................J.
[A.M. Khanwilkar]
....................J.
[Dr. D.Y. Chandrachud]
New Delhi;
January 22, 2018.
CA 820/2018 @ SLP(C) 35288/2017
3
ITEM NO.10 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 35288/2017
(Arising out of impugned final judgment and order dated 12-12-2017
in CS No. 2603/2017 passed by the Ld. Court of Civil Judge (Senior
Division) at Patiala House Court, New Delhi)
SUPREME COURT BAR ASSOCIATION & ORS. Petitioners
VERSUS
NRIPENDRA NATH BAIN Respondent
(RESPONDENT-IN-PERSON)
Date : 22-01-2018 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioners
Mr. Vijay Hansaria, Sr. Adv.
Mr. Vikas Singh, Sr. Adv.
Mr. Vikrant Yadav, Adv.
Mr. Avnish Pandey, AOR
For Respondent
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Let the preamble of the Record of Proceedings
dated 13.12.2017 be corrected.
The appeal is allowed to the extent indicated in
the signed order.
(Deepak Guglani) (H.S. Parasher)
Court Master Assistant Registrar
(Signed order is placed on the file)
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 820/2018
(arising out of SLP(C) No. 35288/2017)
SUPREME COURT BAR ASSOCIATION & ORS. Appellants
VERSUS
NRIPENDRA NATH BAIN Respondent
O R D E R
Leave granted.
Heard Mr. Vikas Singh, learned senior counsel
alongwith Mr. Vikram Yadav, learned counsel for the
appellants and Mr. Nripendra Nath Bain, respondent-in-
person.
The present appeal by special leave calls in
question the legal propriety of the order dated 12.12.2017
by which the Civil Judge (Senior Division) at Patiala House
Court, New Delhi in Title Suit No. C.S. 2603/2017 had
passed an order of injunction without ascribing any reason
to permit the respondent to cast his vote in the election
of the Supreme Court Bar Association. This Court on
13.12.2017 had passed the following order:-
�Heard Mr. Gaurav Bhatia, learned counsel for
the petitioners and Mr. Nripendra Nath Bain,
respondent-in-person.
Having heard learned counsel for the
petitioners and respondent-in-person and keeping in
view the urgency of the matter, we entertain this
petition and direct stay of the order dated
12.12.2017 passed by the Civil Judge (Senior
CA 820/2018 @ SLP(C) 35288/2017
2
Division) at Patiala House Court, New Delhi in
Title Suit No. C.S. 2603 of 2017 whereby it has
passed a mandatory order permitting the respondent-
plaintiff to cast his vote in the election
scheduled today.
We are passing this order as no reasons have
been ascribed and the jurisdiction of the Civil
Court to permit the voter to vote in an election
is, prima facie, not tenable.
Matter be listed in the third week of January,
2018.�
We have been apprised that the election is over.
In view of the aforesaid, the mandatory order passed by the
learned trial Judge has lost its force. That apart, we are
obliged to say that the Court below should not have passed
an order of mandatory injunction while the election process
was on. We may hasten to add, we have not expressed any
opinion with regard to the maintainability of the suit. It
is open to the respondent to raise the issue of
maintainability before the trial Court.
The appeal is allowed to the extent indicated
above. There shall be no order as to costs.
..................CJI.
[Dipak Misra]
....................J.
[A.M. Khanwilkar]
....................J.
[Dr. D.Y. Chandrachud]
New Delhi;
January 22, 2018.
CA 820/2018 @ SLP(C) 35288/2017
3
ITEM NO.10 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 35288/2017
(Arising out of impugned final judgment and order dated 12-12-2017
in CS No. 2603/2017 passed by the Ld. Court of Civil Judge (Senior
Division) at Patiala House Court, New Delhi)
SUPREME COURT BAR ASSOCIATION & ORS. Petitioners
VERSUS
NRIPENDRA NATH BAIN Respondent
(RESPONDENT-IN-PERSON)
Date : 22-01-2018 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioners
Mr. Vijay Hansaria, Sr. Adv.
Mr. Vikas Singh, Sr. Adv.
Mr. Vikrant Yadav, Adv.
Mr. Avnish Pandey, AOR
For Respondent
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Let the preamble of the Record of Proceedings
dated 13.12.2017 be corrected.
The appeal is allowed to the extent indicated in
the signed order.
(Deepak Guglani) (H.S. Parasher)
Court Master Assistant Registrar
(Signed order is placed on the file)
