DHARMA SAMAJ SOCIETY ALIGARH Vs. RAM KISHAN DASS

JUDGEMENT

(1.) This is a defendant's application in revision filed against an order passed by the learned District Judge, Aligarh on 17-8-78 dismissing an application filed by the defendant-applicant for recalling an order passed by the learned District Judge on 3-7-78 summarily rejecting an appeal filed by the defendant-applicant against a decree passed in favour of the plaintiff-opposite parties.

(2.) Briefly stated the relevant facts are these : The defendant-applicant is a Society registered under the Societies Registration Act- The Society is said to have been formed for various religious, social and educational purposes. Its affairs are regulated by its bye-laws, which have been duly registered under the Societies Registration Act. It has a Managing Committee as well as a General Body. The Managing Committee is the executive body of the Society, and its functions, powers and duties are enumerated in Byelaw No. 16. At the relevant time, one Sri B. S. Gupta was the Secretary of the Society. The functions and duties of the Secretary of the Society are laid down in Bye-law No. 20.

(3.) It appears that 8-12-1974 was fixed for the election of the office-bearers of the Managing Committee. The plaintiffs-opposite-parties filed nomination for three offices, namely, President, Secretary and Treasurer. The nomination papers of the plaintiffs-opposite-parties were rejected by the Polling Officer on the ground that the same persons had proposed the names of the plaintiffs-opposite party for all the three offices and hence the nomination was invalid. After rejecting the nomination papers, the rival candidates for all the three offices were elected unanimously for the various offices. Thereupon, the plaintiffs-opposite-parties filed a suit challenging the validity of the election of the office bearers seeking a declaration that the elections were null and void having been held as a result of the illegal rejection of the nomination papers of the plaintiffs-opposite-parties. This suit was decreed by the trial court by its judgment and decree dated 31-5-1978. The trial Court decreed the suit declaring that the election of defendant No. 2 was null and void, and that all the proceedings relating to the election of defendant No. 2 were void ab initio. The trial Court further issued an injunction restraining the Committee of Management from functioning and a direction was issued to the defendant-applicant to hold fresh elections in accordance with the law.