C.N. BALAKRISHNA Vs. R.HANUMANTHARAYAPPA

JUDGEMENT

(1.) These two appeals are filed against the order of the Trial Court dtd. 22/10/2024 passed on I.A.No.1 in O.S.Nos.7301/2024 and 7302/2024, respectively rejecting to grant the relief of temporary injunction restraining the defendants from proceeding in furtherance to an impugned intimation of letter dtd. 14/10/2024, wherein the meeting of the Executive Committee is scheduled to convene on 22/10/2024.

(2.) The factual matrix of the case of the plaintiffs before the Trial Court in both the suits is that the plaintiffs filed the suits to pass a judgment and decree declaring that the intimation of meeting notice dtd. 14/10/2024 issued on the signatory of one of the defendants by name Sri H.N. Ashok (designating himself as "Sabhadhyaksha") to convene the meeting of the Executive Committee on 22/10/2024 is illegal, arbitrary and it is a clear abuse of power and total derogation to the order of the Hon'ble High Court in W.P.No.24827/2024 and also to grant a decree or perpetual injunction restraining the defendants by proceeding with further in pursuant to impugned intimation of meeting dtd. 14/10/2024 and also by restraining them from convening any meeting on their own either on 22/10/2024 or any other date and grant such other order or direction as deemed fit in the circumstances of the case and interalia sought for the relief in both the I.As.

(3.) The main contention of the appellants in the suit is that the plaintiffs are the office bearers of the Rajya Vokkaligara Sangha in the respective offices. The Sangha was registered under the repealed 1906 Act and it is one of the oldest Society functioning in the State. There are 5 lakhs primary members spread over in the State and composition of Society is founded on democratic principles. The elections being conducted once in every 5 years for constituting the Managing Committee which consists of 35 members from various parts of the State. The last election has been taken place during 2021, the terms of office of the Managing Committee is five years, the office bearers being elected in two components, each components consisting of 30 months. It is contended that some of the defendants are the office bearers and because of the expiry of their term, election was fixed on 4/7/2024 to elect the new office bearers for the remaining term of 30 months. Consequently, schedule election has taken place and the plaintiffs were duly elected in respected offices and thereafter assumed their office and are exercising their powers and functions since 4/7/2024. Even before completion of 15 days from the date of assuming the charge by these plaintiffs, they were shocked to notice that the rivalry group circulated proposal of no confidence motion which is dtd. 18/7/2024. The reason to move no confidence motion is not due to blemish of their functional accountability, but allegation was referred to constitution of office bearers by alleging that it is not in terms of bye-law of the Society. Upon receipt of the proposed version of no confidence by the General Secretary, immediate steps have been taken to scrutinize the same and even it was subjected to scan by the legal experts. The functional accountability of an elected governing body cannot be equated with any alleged irregularity in its elections. Therefore the reason suggested to move the no confidence motion is totally new to the same. Therefore, ultimately the motion is rejected as the motion is not maintainable by the office bearers vide communication dtd. 22/7/2024 and the said copy of proceedings were circulated to all the members and the signatories to the motion.