MOTHER THERESA EDUCATION SOCIETY Vs. MUNIYAPPA

JUDGEMENT

(1.) These appeals are filed against the order, dated 28.01.2017 on I.A. Nos. 1 and 2 made in O.S. No. 9105/2015 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru allowing the applications filed by the plaintiffs staying the operation and execution of the resolution passed by defendant Nos.2 to 6 of first defendant Society, dated 29.08.2015, till disposal of the suit and also restraining defendant Nos. 1 to 6 from appointing any other person as the members to the Society in the place of plaintiffs till further orders of the Court.

(2.) Respondent Nos. 1 to 3, who are plaintiffs before the trial Court filed O.S. No. 9105/2015 for declaration, to declare that the resolution passed by defendant Nos. 2 to 6 for removing the plaintiffs, who are the Life Members from the membership of the 1st defendant-Education Society in so-called General Body meeting held on 29.08.2015 is arbitrary, illegal, irregular, capricious, void, opposed to principles of natural justice and not sustainable in law and also for consequential relief of declaration, declaring that the plaintiffs are entitled to continue to function in their respective posts in the 1st defendant Society and for permanent injunction restraining defendant Nos. 2 to 6 by themselves or any person under them by appointing any other persons as members of the Society till their term of office is over in the 1st defendant-Education Society, contending that the first defendant is an Education Society formed under the name of ' Mother Theresa Educational Society', which was registered under the Karnataka Registration of Societies Act, 1960 on 28.10.1980. The first plaintiff and defendant Nos. 4, 5 and 6 are the founders i.e., totally 9 members as well as Life members of the first defendant Education Society. Similarly, defendant Nos. 2, 3, 7 and 8 joined the first defendant-Education Society as Life Members by initially contributing more than Rs.3,725.00, Rs.3,725.00, Rs.2,990.00 and Rs.4,250.00 respectively in cash or in kind of building materials.

(3.) It was further contended that the plaintiffs and defendant Nos. 2 to 8 were elected on 22.08.2014 and functioning now as President, Secretary, Treasurer and as Executive Committee Members of the first defendant-Education Society. The composition of Managing Committee of the first defendant Education Society shall consist of 9 members viz., including one President, one Vice-President, One Secretary, One Treasurer elected among them as office bearers stated above once in 4 years by rotation and some of them have even functioned for 2 to 4 terms in various capacities. When things stood thus, surprisingly, defendant Nos. 2 and 3 by letters, dated 05.05.2015 and 05.06.2015 respectively sought for details of accounts for the years 2009-10 from the first plaintiff, who is the treasurer and he was compelled and coerced as per the directions issued by the President has obtained the details. It is further contended that, thereafter, without notice and without following procedure, defendant Nos. 2 to 6 have removed the plaintiffs from the membership of the first defendant Society contrary to the Registered bye-law and the provisions of the Registration Act and principles of natural justice, etc. Therefore, they filed the suit for the reliefs sought for.