(1.) Plaintiff in both suits is Bharat Sevak Samaj (For short 'BSS'). Suit No. 2187188 has been filed through Shree Ram Tiwari as General Secretary of B.S.S. and in this order. l. willdescribe.plaintiff of this suit as B.S.S.(T) Suit No. 2200/88 -has been filed through Sheo Stiankar Singh (for short 'Singh') as General Secretary of B.S.S. and in this order I will describe plaintiff of this suit as B.S.S.(S).
(2.) B.S.S. is a Society registered under the Societies Registration Act, 1860. It was registered in the year 1952. Pandit Jawahar Lal Nehru was its founder President and Shri Gulzari Lal Nanda was founder Chairman of B.S.S. As the name itself suggests, it was service oriented organisation. The B.S.S. has laudable objects. Its object are to find and develop avenues of voluntary service for the citizens of India; to promote national sufficiency and build up the economic strength of the country; to promote the social and moral well being of community and to mitigate the privations and hardships of its less favoured sections; to draw out the available unused time, energy and other resources of the people and divert them into various fields of social and economic activity and to take all steps necessary for the fulfilment of the said objects, it is unfortunate that such a service oriented organisation has disputes as to who has the right to manage its affairs. Plaintiff in both suits claims this right.
(3.) BSS has four classes of members-(i) Ordinary; (ii) Active; (iii) Life workers and (iv) Institutional. Persons who are enrolled as members of the Life Workers' Body (Bharat Sevak Mission) as per its constitution, become 'Life Workers'. Member whose work and I or conduct is prejudicial to the objects of the Samaj, is liable to expulion in accordance with the Rules framed by Central Administrative Committee. The organisational set up consists of (i) General Council (ii) Central Board (iii) Administrative Committee (iv) Life Workers Body (Bharat Sevak Mission). The General Council lays down the policy of B.S.S. and the Bharat Yuvak Samaj and it consists of Members as provided in the Constitution of B.S.S. The constitution also provides that the Central Board will consist of the .President, the Chairman, the Vice-Chairman, the General Secretary, the Treasurer and the Joint Secretaries of the Central Samaj, the Chairman of each of Pradesh Branches and such other members as may be nominated by the President. The Board is to receive reports of the Administrative Committee and approves the budget of the office of B.S.S. It is provided that members of the Board will hold office for two years and the Board will normally meet at least once every quarter.