LAWS(KAR)-2023-8-759

P.P. MAIYA Vs. NNF KARNATAKA

Decided On August 04, 2023
P.P. Maiya Appellant
V/S
Nnf Karnataka Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondents. This miscellaneous appeal is filed under Order 43 Rule 1(r) of Code of Civil Procedure challenging the granting of injunction order and prayed this Court to set-aside the order passed on I.A.Nos.1 and 2 and to dismiss I.A.No.1 and 2 filed by the plaintiff before the Trial Court.

(2.) The factual matrix of the case of the plaintiff before the Trial Court that, the plaintiff (NNF Karnataka) being the Society registered under the Karnataka Society's Act, 1960 and till 31/3/2022 there was a elected body consisting of President, Vice President, Secretary, Treasurer and Executive Board Members which came to an end on 31/3/2022. It is also case of the plaintiff that, the General Body meeting was held on 28/8/2021 and appointed Sri.L.H.Bidari and Dr. Jagadish Chinnappa as Election Commissioners to oversee the proposed election for two years. The plaintiff is the NNF Karnataka and it is also the contention that in General Body meeting held on 30/3/2022 it was unanimously decided constitute an Interim Committee constituting of Dr.P.P.Maiya, Dr. Veerabhadrappa and Dr.Devraj Raichur being the defendants and it was unanimously decided that Dr.P.P.Maiya will be the head of Interim Committee as chair person to correct incomplete NNFK membership credentials and handover the list to Election Commissioner to complete the election process, which is half way through. It is also contended that, defendants are all aware that the task given to Interim Committee was to see to that all the members of Karnataka NNFK Association from 1994 onward will continue to be members of NNF Karnataka Chapter which was duly registered on 31/1/2017 and no other task was given to Interim Committee. The Election Commissioners constituted vide Annual General Body Meeting dtd. 28/8/2021 announced the conducting of election i.e., election schedule, election rules and code of conduct. Pursuant to the same, several candidates filed their nominations for the posts of office bearers. The process of declaration of valid nominations was also completed by the said Election Commission and even the last date of withdrawal of nominations were also complete. The date of E-voting and declaration of results was announced by the Election Commission vide notice dtd.: 28/7/2022 fixing the date of E-voting as 1/8/2022, 12 p.m., onwards to 10/8/2022, 5 p.m., and declaration of results on 10/8/2022 at 6 p.m.

(3.) The plaintiffs in the suit vehemently contend that when the things stood thus, defendant Nos.1 to 3 vide e-mail dtd. 19/7/2022 at 5 p.m., sent by the Interim Committee calling for an Extraordinary General Body Meeting on 24/7/2022 with agenda to change the Election Commissioners which per'se is void ab-initio null and void. Further, the Extraordinary General Body Meeting which was called by the defendant Nos.1 to 3 was attended only by 44 members out of 820 members which is against the byelaws of the plaintiffs Society which mandates attendance of minimum of 1/3rd members to continue the Extraordinary General Body Meeting, in the event of no quorum the meeting has to be called-off. But, in the instant case the defendants Nos.1 to 3 have unlawfully gone ahead with the Extraordinary General Body Meeting and have illegally removed the existing Election Commissioners and have unlawfully appointed the defendant Nos.4 and 5 as Election Commissioners without assigning any reasons for the same and also without having the required quorum to hold the Extraordinary General body Meeting.