RAJEEV RANJAN Vs. D K SHARMA & OTHERS

JUDGEMENT

(1.) By means of this petition, petitioner has challenged the order dated 29.11.2017 passed by learned District Judge, Pauri Garhwal in Civil Appeal No. 32 of 2017, whereby the learned Appellate Court has revived the interim order dated 19.05.2017 passed by learned trail court, after dismissal of the suit.

(2.) Brief facts of the case are as follows:

(3.) D.K. Sharma (respondent no. 1 herein) filed a suit in the Court of Civil Judge (Senior Division) Kotdwar which was registered as Original Suit No. 42 of 2017. In the said suit, it was contended that plaintiff is a member of Rotary Club, Sikandrabad. Rotary Club is an international organization, which is engaged in charitable activities. Rotary Club has constituted various Districts in the country and Rotary District 3100 consists of Revenue Districts: Pauri Garhwal, Bulandshahar, Meerut, Muzaffarnagar, Bagpat, Amroha, Shamli, Biznor, Moradabad & Barot. The process of electing the District Governor is held three years in advance and the plaintiff was elected as District Governor of District 3100 for the year 2017-18, on 001.2015. A notification regarding his election was also issued, however on 21.04.2016 the status of District 3100 was unilaterally changed to Non District, without any notice to the plaintiff and charge of the said Non District was given to a special representative, Sri Sanjay Khanna. Plaintiff sent several letters through e-mail to the defendants to restore District 3100 but no heed was paid to his letters. It was further contended that District 3100 was declared as Non District in the year 2017-18, but election process for the year 2018-19 has been initiated by Rotary International vide letter dated 18.04.2017. It was further stated that the action of the defendants to declare District 3100 as Non District is actuated with malice and there is no complaint against his election and further that his election has not been canceled or set aside. Based on these pleadings, plaintiff sought relief of permanent injunction, restraining the defendants from interfering with his functioning as District Governor for the period 01.07.2017 to 30.06.2018 and further relief was sought to restore the District status of District 3100. Another relief, which was sought, was to stop the election process for the year 2018-2019 in respect of District 3100. Alongwith the said suit, Sri D.K. Sharma filed temporary injunction application.