Observing that plaintiff, Gurdial Bhasin, had not been able to show how he would suffer due to inclusion of new members in the voters' list, the Judge allowed the members to exercise their voting rights for the club elections scheduled to be held here tomorrow. The applicant, in his suit, had requested the court to debar the new members from voting in tomorrow's elections, stating that grant of this right to the members would be "illegal". The defence counsel, on the other hand, argued that right to vote and contest is not fundamental. It is statutory.

It was added that the voting list had been displayed on the notice board of the club and objections were invited till May 2, but no objection was received.

It was also stated that the applicant had failed to show the injury he would bear on account of inclusion of the said members.

As regards the term of the executive, it was stated that until a new executive is elected, the incumbent one had the right to manage the affairs of the club and its actions cannot be termed "illegal". After hearing the contentions, the Judge held that the applicant had not been able to bring out a prima facie case in his favour. The application was accordingly dismissed.