Elected members can’t be stopped from taking charge after results are ratified: SC
Hiren J Thakker & ors. v. Parul Mehta & ors.
An appeal filed challenging the order of Madras HC which prevented the election winners for the Shree Coimbatore Gujarat Samaj General Body from assuming their respective offices even after the results.
An Annual General Body Meeting and all other election procedures came to an end on 27th March, 2022. Firstly 4 respondents have filed a suit before Additional District Munsif Court, Coimbatore.
After the election results were ratified two of the respondents withdrew from the civil suit. Madras HC produced an order which stated that the election winners no more will be left to assume their offices but the
Apex court has quashed the same and said that after the results found ratified the representatives are not stopped from assuming their offices.
The court also gave liberty for the aggrieved party to challenge the election procedures according to law only.