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Judgment
Ahanthem Bimol Singh, J
(Through video conferencing)
Heard Mr. M. Devananda, learned counsel appearing for the petitioner and Mr. N. Kumarjjit, learned AG, Manipur appearing for the respondents No.
1 and 2.
The present writ petition had been filed primarily with a prayer for quashing and setting aside the impugned notification dated 06.01.2022 wherein it
has been notified that the result of the Election of Board of Directors of Imphal Urban Cooperative Bank Ltd. for the term 2017-2018 to 2021-2022
will be declared on Thursday the 13th January, 2022 at 11.30 a.m. at the Administrative Office of the Imphal Urban Cooperative Bank, MG Avenue,
Imphal.
The simple case of the petitioner is that by an order dated 16.08.2021 passed by the Division Bench of this Court in MC(WA) No. 53 of 2021 with
WA No. 36 of 2021, it has been directed, inter alia, that the Election of Board of Directors of Imphal Urban Cooperative Bank Ltd. for the term 2017-
2018 to 2021-2022 may be conducted on 17.08.2021, however, the result of the said election shall not be declared till the next date of hearing.
Subsequently, by an order dated 26.10.2021 passed in WA No. 36 of 2021 With MC (WA) No. 53 of 2021, the said writ appeal as well as the misc.
case were disposed of by making the interim order dated 16.08.2021 passed in MC(WA) No. 53 of 2021 absolute, in so far as the parties thereto are
concerned. It is the case of the petitioner that as the order dated 26.10.2021 passed by the Division Bench of this Court in WA No. 36 of 2021 With
MC (WA) No. 53 of 2021 has made the earlier interim order dated 16.08.2021 absolute, the direction for not declaring the result of the election still
continues and accordingly, the impugned notification dated 06.01.2022 for declaring of the result of the said election is in violation of the order passed
by this Court and accordingly, the impugned notification is not sustainable in the eye of law. On the other hand, the learned AG submitted that earlier
interim order dated 16.08.2021 for not declaring the result of the election was only up to the next date of hearing of the said writ appeals and it does
not servive thereafter and that the order dated 26.10.2021 passed by the Division Bench in WA No. 36 of 2021 does not extend the earlier interim
order and accordingly, there is no infirmity in the impugned notification.
After hearing the rival submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that it will be
appropriate to place this matter before the concerned Division Bench of this Court to decide as to whether the interim order dated 16.08.2021 still
subsist or not after passing of the order dated 26.10.2021 in WA No. 36 of 2021.
Accordingly, registry is directed to list this case on 19.01.2022 before the concerned Division Bench after obtaining prior permission from the
Hon’ble Chief Justice.
In the meantime and till the next date, the result of the Election of the Board of Directors of the Imphal Urban Cooperative Ltd. for the term 2017-
2018 to 2021-2022 shall not be declared. This interim order has been passed only on the ground that if such interim order is not passed, the present
writ petition will become infructuous.
A copy of this order be furnished to both the counsel appearing for the parties through their whatsapp/e-mail.