ISHWARI PRASAD Vs. CHANDRA BHAN AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decrees of the two courts below, holding the suit not being maintainable by the civil courts.

(2.) Ishwari Prasad, the plaintiff, filed a suit for permanent injunction, restraining the defendants from illegality and wrongfully intimidating the plaintiff and interfering with his functioning in the office of the President of the Shoe Makers Co-operative Society, Teela Nand Ram, Agra, on the allegations that he was the duly elected President of the said society, that he had been acting as such since the year 1953, that the defendant-respondent No. 1 got the plaintiff served with a notice to hand over charge to him by 31st July, 1963, claiming that he had been elected as the President, that, in fact, no election was ever held on 13th Sept., 1962, as alleged by the defendant No. 1 nor could it be so held under the rules and regulations of the society, that the plaintiff on 13th Feb. 1963 and 29th May, 1963, made representations to the Registrar, Industrial Co-operative Societies, to arbitrate in the matter, that the Registrar, without giving any opportunity to the plaintiff, rejected the representations made by him, and asked him to hand over charge to the defendant held by 31st July, 1963, and hence the suit.

(3.) The suit was resisted by defendant No. 1 on the main grounds that no illegality of any kind was committed in his election, that the plaintiff had misappropriated the society funds, that a complaint was accordingly filed against him to the higher authorities, that at a general meeting held on 13th Sept., 1962, defendant No. 1 was duly elected as the President of the society, and that the suit was not legally maintainable, as the dispute regarding elections could not be challenged in the civil court.