Mumbai, Dec 27 (UNI) The Bombay High Court today set aside a Pune court order, restraining the newly-elected Indian Medical Association(IMA) Maharashtra branch president Dr Devendra Shirole to take charge of office.
A single judge bench of Justice J N Patel directed Pune District and Sessions Judge to submit an enquiry report as to how a civil suit challenging IMA state body elections was entertained by Civil Judge Senior Division, when as per the court manual the suit should have been heard by a Junior Division judge.
Dr Shirole and IMA state branch had moved the High Court after the Pune court issued an ex-parte restraining order on a suit filed by defeated candidate Dr Ashok Tambe.
Adv Dilip Bodke, appearing for Dr Shirole, contended that the IMA election manual provides for election petition before national body and before exhausting available remedy the defeated candidate had moved the Sessions court. The settled law did not permit any interim relief in election petitions, he added.
When Adv Bodke pointed out to the court that the suit should have been placed before Junior Division Judge as per court manual, Justice Patel directed Pune District and Sessions Judge to submit the enquiry report as to why the suit was placed before and entertained by Civil Judge Senior Division instead of Civil Judge Junior Division.
Dr Shirole has taken charge of IMA State President's office last evening in a ceremony in Nagpur. He assumed the charge after the High Court's relieving order.