NIRANJAN RATH Vs. KISHORE CH. TRIPATHY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.11.2013 passed by the learned Single Judge in WP(C) No.7650 of 2013 dismissing the writ petition and thereby confirming the order dated 21.3.2013 passed by the learned District Judge, Cuttack in FAO No.113 of 2012. By order dated 21.3.2013, learned District Judge set aside the order dated 29.09.2012 passed by the learned Civil Judge (Senior Division) 1st Court, Cuttack in I.A. No.420 of 2012 and directed that the Executive Council, which is functioning now, shall not take any policy decision and also any decision having financial implications except meeting day -to -day expenditure of the Servants of the People Society (hereinafter referred to as "the SOPS") and its organizations without leave of the court and also prior approval of the General Body. It was, inter alia, directed that the respondent herein shall be allowed to function as a Member of the General Body of the SOPS.

(2.) STYLING as officiating President and Vice -President of the SOPS, the respondent as plaintiff no.2 laid a suit in the court of the learned Civil Judge (Senior Division), 1st Court Cuttack for a declaration that the plaintiff no.2 is holding the office of SOPS as a member of Executive Council and Vice -President; that he is officiating as the President and continuing till rejoining of the President; that the resolution passed & decision taken in the general body of the meeting held on 27.06.2012 and 28.06.2012 as illegal; that the election of the office bearers held on 28.06.2012 is void ab initio and permanent injunction restraining the office bearers from interfering in the affairs of the plaintiffs or entering into the premises of Gopabandhu Bhawan, Cuttack, which is registered as C.S No.492 of 2012.

(3.) EXCEPT proforma defendant no.9 -"The Samaj", no other defendants filed written statement in the suit. The case of the said defendant is that the plaintiff no.2 is not authorized to represent the SOPS as per the Constitution. The plaintiff no.2 was never authorized to officiate as President by the President of the SOPS. Further, the election of the office bearers was held in accordance with the Constitution of the SOPS. In the said election, Manubhai Patel was elected as President and other Executive Council members were also elected. The plaintiff no.2 ceased to be a member of the Executive Council. It is further stated that the plaintiff no.2 was removed from the life membership.