KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.K. Verma, learned senior counsel assisted by Mr. Sanjay Kumar Ghosarvey, learned counsel for the petitioners, Mr. Sunil Kumar Mandal, learned S.C. 24 for the State and Mr. Y.V. Giri, learned senior counsel assisted by Mr. Ranjit Kumar Pandey, for the respondents No. 2 and 3. The challenge in the present writ application under Article 227 of the Constitution of India is to the order dated 18.9.2013 passed in Title Suit No. 13 of 2013 by the learned Munsif, Barh, Patna by which interim injunction has been granted restraining the election to the State Working Committee of Bihar Tailik Sahu (Vaishya) Sabha (hereinafter referred to as the "Sabha") till the disposal of the suit.

(2.) The brief facts required for adjudication in the case are noted here in under:--

(3.) The Sabha is a body incorporated under the Societies Registration Act, 1860 and the working of the Sabha is conducted by an elected Working Committee (hereinafter referred to as the "Committee"). The term of the Committee is for four years. The term of the incumbent Committee was coming to an end in August, 2013 and thus decision was taken by the Committee of the Sabha to get the election held for which an Election Committee has been constituted. As per the decision of the Committee, the election had to be held on 4th August, 2013 and it was further stipulated that those persons who got the requisite amount deposited by 19th July, 2013 would be allowed to vote in the election. It appears that thereafter the tentative programme was also published but due to various reasons the date for accepting the fee for being included in the voter list kept being extended. Ultimately, on 12.8.2013 the Committee decided to call a meeting of the Working Committee, the Election Committee and the Advisory Committee on 18.8.2013 to sort out the controversy and differences. It appears that a meeting was held on 18.8.2013 in which a decision was taken to the effect that members would be enrolled till 31.8.2013 at 7:00 p.m. and on the basis of the same, the election would be held. This gave cause of action to the respondents No. 2 and 3 who filed Title Suit No. 13 of 2013 before the learned Munsif, Barh, Patna, seeking the following reliefs:--