SHAKTISINH GOHIL Vs. GURUSEVAK SINGH

JUDGEMENT

(1.) PRESENT Appeal from Order has been preferred by the appellant herein-original defendant No. 4 to quash and set aside the impugned order dated 24. 09. 2009 passed by the learned Chamber Judge, City Civil Court No. 22 passed below Notice of Motion interim injunction application Exhs. 6 and 7 in Civil Suit No. 1818 of 2009, by which the learned Chamber Judge has directed the original defendant No. 1 Gujarat State Basketball Association to hold the election of the association for the office bearers and managing committee for the period 2009-2013 and by further directing the said association that such election be held for the candidate declared eligible on 9. 7. 2009 and as per the voters list declared on 26. 6. 2009. The learned Chamber Judge has also further restrained the defendants No. 2 to 4 from acting as President, Secretary or Treasurer as the case may be unless they are duly elected by the legal election process.

(2.) DISPUTE is with respect to the election of the office bearers of the Gujarat State Basketball Association (herein after to as the Basketball Association ). It appears from the memorandum of association of the Basketball Association that the said Association-original defendant No. 1 has been formed with an object inter alia, to encourage, promote, standardize and popularize the game of Basketball in the State of Gujarat and to improve the standard of said game. The objects and aims of the said association have been more particularly stated in the Memorandum and Articles of Association. As per the said Memorandum, Articles the Association consists of following class of member, Life Members, Honorary Members, District members. District membership is one of the such classes of membership of the Basketball Association and the said Membership is open to District Associations and Universities. The elections of the office bearers of the Association are held as per the Articles and Memorandum of association and every member of the District Association, which is affiliated to the said association has to nominate two persons to represent it at general meeting. As per the clause 8 of the Articles and Memorandum of association, the affairs of the association shall be managed by a committee which shall consist of not less than 10 and not more than 20 members, including the President, four Vice President, one Honorary Secretary, one Honorary Treasurer, four associated Secretary and nine members and two invitee members. The office bearers of the members of the committee shall be elected at the general meeting according to bye laws. As per the clause 9 of the Articles and Memorandum of association, the office bearers and the members of the committee shall hold the office for 4 years and or until their successors are elected. It is the case on behalf of the original plaintiffs that election for office bearers and committee members are held in the annual general meeting, which is to be held not later than 30 July, in each year and the elections are held in such meeting whenever they are due. It appears that on 5. 6. 2009 an election Notification was published by the Election Officer of the Basketball Association, i. e. original defendant No. 5, notifying that voting will be held on 19. 7. 2009 between 11. a. m. to 1. p. m and election programme was also announced which mentioned as to when the forms were to be filled up, when the scrutiny was to take place etc. It is the case on behalf of the plaintiffs that along with other persons, the plaintiffs also filled in their nomination forms for the post of President and Treasurer respectively and submitted the same as per the notification dated 5. 6. 2009. Subsequent thereto, the list of candidates for the election to be held on 19. 7. 2009 was published on 9. 7. 2009, wherein the name of the plaintiff No. 1 is shown at serial No. 2 and the name of plaintiff No. 2 at serial No. 10. It is further case of the plaintiff that as per the programme mentioned in the notification dated 5. 6. 2009 the list of the representative of the association was to be submitted by the affiliated association on or before 26. 6. 2009. Thereafter on 23. 6. 2009 the voters list was published and thereafter the forms of the candidatures were accepted upto 3. 7. 2009 and the withdrawal of the candidature was permitted upto 8. 7. 2009 and on 9. 7. 2009 the candidate list was published. As per the election programme an election was to be conducted on 19. 7. 2009. As per the plaintiff,s on 19. 7. 2009 the election commenced as per the election programme, in the presence of the members of the representative of the affiliated association candidates, observers of the Gujarat State Olympic Association and Basketball Federation of India and the Election Officer. As averred and alleged by the plaintiffs in the plaint, after the election had commenced some commotion took place and tremendous disturbance was caused and created by some of the persons who introduce themselves as representative of the some association. As per the plaintiffs, they could not be identified as the representative of any affiliated member association and despite having no right to either stop the election process or caused any hindrance or obstruction therein, for the reasons best known to the defendant No. 5 without any authority or right held a discussion with such person and in an arbitrary and high handed manner declared that he had decided to drop the election and that the defendants No. 2 to 4 were declared as reelected for the ensuing term of four years i. e. 2009-20013. It is the case on behalf of the plaintiffs that majority of the members and candidates raised their objections and protested against such illegal, arbitrary and high handed act of the defendant No. 5 i. e. Election Officer in connivance with the other defendants. However, no such objection was taken into consideration by any of the defendants and the election was held illegally, without any authority and in most arbitrary, unconstitutional, undemocratic and high handed manner. Therefore, original plaintiffs have instituted the aforesaid Civil Suit in the City Civil Court at Ahmedabad for declaration that the defendants No. 2 to 4 having reelected as President, Secretary and Treasurer respectively of the Basketball Association for the term commencement from 2009-2013 is illegal, invalid, unconstitutional, undemocratic and against the well settled principle of law and it is violating the provision of Articles and Memorandum of association and void. It is also further prayed by the original plaintiffs to direct the defendants No. 1 Basketball Association to hold the election of the association for the office bearers and managing committee for the period of 2009-2013 as per date fixed by the Court and further prayed that such election be held for the candidates declared eligible on 9. 7. 2009 and as per the voters list declared on 23. 6. 2009. The plaintiffs have also sought for decree for permanent injunction restraining the defendants No. 2 to 4 from acting as President, Treasurer and Secretary as the case may be unless they are duly elected by legal election process.

(3.) IN the said suit, original plaintiffs took out the Notice of Motion by submitting the application Exh. 6/7 and prayed following interim relief: " (A ). Pending hearing and final disposal of this suit, the Hon'ble Court be pleased to direct the defendant No. 1 to hold the elections of the Association for the office bearers and managing committee for the period of 2009-2013 on a particular date fixed by this Hon'ble Court and further direct that such elections be held for the candidates declared eligible on 09. 07. 2009 and as per the voters list declared on 23. 06. 2009. (B) Pending hearing and final disposal of this suit, the Hon'ble Court be pleased to restrain the defendant Nos. 2 to 4 from acting as President, Secretary or Treasurer as the case may be unless they are duly elected by a legal election process. "