MAHESH CHANDRA CHOUBEY Vs. M M DUBEY

JUDGEMENT

(1.) Order in this appeal shall also govern disposal of L.P.A. No. 2 of 1993 (Dinesh Kumar Dubey v, Krishna Kumar Das and two others), as the point for consideration is analogous.

(2.) The brief facts necessary as to how the question arose and the matter was referred to the Full Bench, are as follows: The respondent No. 4 Pankaj Kumar Chatterjee filed a suit for declaration and permanent injunction in the court of the District Judge, Jabalpur, which was registered as Civil Suit No. 98A of 1991. The reliefs sought in the suit are: (a) That the defendant No. 1 (appellant), President of the Society, be restrained from functioning as President of the Society; (b) That the defendant No. 2 (respondent No. 1) Shri M.M. Dubey, be restrained from functioning as Principal of the N.E.S. Law College and from interfering with the working of the college; and (c) That the defendant No. 3 (respondent No. 2) Shri S.K. Tiwari, be restrained from functioning as Principal of the Naveen Vidhya Bhiwan, Gorakhpur, Jabalpur. The reliefs sought were based upon two paramount allegations, namely, (i) that the elections were held to the managing committee of the New Education Society (respondent No. 3) after a lapse of nine years on 23-7-1989 in which the appellant was elected as the President and in an inquiry held by the Registrar of Firms vide his name dated 19-6-1990 informed that the election procedure adopted was illegal and thus the appellant herein has no authority or power to perform the duties and to exercise the powers of the President of the New Education Society and any act done by him is per se illegal and without the authority of law; and (ii) the resignation of Shri M. M. Dubey, Principal of the N. E. S. College was submitted and considered in a meeting held on 9-8-1991 and was accepted; thereafter an order was passed by the appellant on 10-10-1991, purported to be in exercise of the powers as President, that the resignation dated 9-8-1991 could not be given effect to, as it was not put up before the managing committee nor it was accepted by a competent body, is illegal and that after the acceptance of the resignation of Shri M.M. Doubey, it was beyond the competence of the President to appoint him as Principal and to permit him to withdraw his resignation, which was already accepted by the Managing Committee.

(3.) Along with the suit, an application for temporary injunction under Order 39, Rules 1 and 2, C.P.C. claiming the following reliefs, was also filed: (a) That the defendant No. 1, i.e. appellant be restrained from functioning as President of the Society; (b) That the defendant No. 2, i.e. respondent No. 1 be restrained from functioning as Principal of the N.E.S. College; and (c) That the defendant No.3, i.e. respondent No. 2, be restrained from functioning as Principal of Naveen Vidhya Bhawan, Gorakhpur, Jabalpur. The appellant, Dr. Choubey, and other contesting defendants filed their reply to the application under Order 39, Rules 1 and 2, C.P.C.