R DAMODAR Vs. ANDHRA ASSOCIATION DELHI

JUDGEMENT

(1.) CS(OS) No.945/2004 and CS(OS) 1328/2004 both challenge the election process of Andhra Association, Delhi, the defendant no.1 in both the suits. The plaintiffs in both the suits have filed applications under Order 39 Rule 1 and 2 CPC for interim injunction which are being disposed of by this common order.

(2.) Suit No.945/2004 is filed by R.Damodar and others against Andhra Association, Delhi and its Secretary and President. Plaintiffs, R.Damodar and others, are members of the defendant no.1 Society. The election of the Working Committee of defendant no.1 was held in April, 2001 and the term of the Working Committee came to an end in 2004 The Working Committee of defendant no.1 decided to hold Annual General Body Meeting on 29.8.2004 with a view to hold elections on 5.9.2004 A pre-election notice was published in the newspaper Times of India and in Eenadu on 13.5.2004 informing the members that a General Body Meeting would be held on 29.8.2004 and election of the Working Committee of the Association and the Trust would be held on 5.9.2004 The notice also informed that eligible persons could fill up the requisite membership forms available in Andhra Association office up to 6.00 PM of 24.7.2004, that the membership forms could be available also with the branch secretaries, that the applicants were required to fill the prescribed membership form, pay the subscription against receipt and sign the membership register kept for this purpose and that the voters list would be made ready by 11.8.2004 The members were also informed that all changes in the addresses would be made in the office of defendant no.1 between 11.00 AM to 6.00 PM on 12th, 13th and 14th August, 2004 after which no alteration in the list would be permitted. Plaintiffs, R.Damodar and others, filed this suit on 31.8.2004 with the prayer for a decree for perpetual injunction restraining the defendants from holding the election, a decree for mandatory injunction directing appointment of an Administrator for holding the election of defendant no.1 Association after finalization and settlement of list of the members of defendant no.1 by including the names of the members who have been left out by defendants no.2 and 3, a decree for declaration declaring the rejection of nomination forms of plaintiff nos.1 to 5 being bad and illegal and for certain other decrees for declaration. R.Damodar and others also filed an application under Order 39 Rule 1 and 2 CPC, IA 5642/04, seeking an injunction against holding of the proposed election. In IA 5642/04 this Court passed an order on 2.9.2004 The order-sheet of 2.9.2004 shows that Mr.B.K.Sood, arguing for the plaintiffs, submitted before the Court that rejection of candidature of one of the plaintiffs, Mr.C.B.S.Reddy, was wholly illegal. He further contended that almost 6,000 valid voters had not been permitted to participate in the electoral process as their names did not appear in the voters list. On these two grounds the injunction against holding of the proposed election was sought. This Court, however, directed that since the election process had commenced, it would not be appropriate to interdict the same. However, since there was a serious dispute, the Returning Officer/Chief Electoral Officer, Mr.S.Madhusudan Babu, was directed not to declare the results till further orders of the Court. Mr.Sood further raised doubts about the fairness of the manner in which the election was likely to be conducted. On the request of Mr.Sood, the Court appointed Mr.Reetesh Singh, Advocate as Observer to be present at the venue of election on 5.9.2004 from 8.00 AM to 6.00 PM. The election was accordingly held as per schedule. Election was accordingly held on 5.9.2004 under observation of Mr.Reetesh Singh.

(3.) The other suit, bearing CS(OS) 1328/2004 is filed by P.Subba Rao and others on 17.11.2004 Plaintiffs in this suit are also members of the Andhra Association. They are also aggrieved by the alleged irregularities committed in preparing the list of members. The reliefs prayed for by them in the suit are a decree declaring the 'Authenticated Voters' List' comprising of 8463 members as incomplete and fraudulent and incapable of being acted upon, a decree for declaration that the committee appointed for scrutinizing the nomination forms was incompetent, a decree for declaration that the report dated 21.8.2004 submitted by the Membership Scrutiny Committee is invalid, a decree for declaring that the election held on 5.9.2004 is unconstitutional, a decree for permanent injunction directing the defendants that the result of the elections held on 5.9.2004 be not declared, and a decree for mandatory injunction directing the defendants to hold fresh election for the Working Committee of the Association and for the positions of the Trustees of the Andhra Association Delhi Trust under the aegis of an Administrator. IA 7848/2004 under Order 39 Rule 1 and 2 CPC was filed along with this suit with the prayer to withhold the election result. IA No.7849/2004 has also been filed along with this suit seeking appointment of an Administrator. However, no order has been passed on the applications. The two applications under Order 39 Rule 1 and 2 CPC in the two suits were also listed for hearing together.