NARENDRA SINGH RAJAWAT Vs. THAKUR MOHAN SINGH KANOTA

JUDGEMENT

(1.) In a civil suit challenging the election of the office-bearers of Shri Rajput Sabha, the plaintiff Thakur Mohan Singh, moved an application under Order 39, Rules 1 and 2, CPC. Learned Additional District Judge No. 1, Jaipur City vide order dated January 11, 2002 allowed the application in part and granted temporary injunction in the following terms :

(2.) In the pleadings the plaintiff averred as under-

(3.) The defendant Nos. 2 to 22 in the reply denied the allegations and averred that they are duly elected office-bearers and members of the Executive Committee of Shri Rajput Sabha in the election held in most democratic manner on 15/04/2001 and that the plaintiff himself took part in the election, did caste his vote and acquiesced to the election process. The defendant No. 2 after his election as working President in the year 1995 was again elected for the next term of three years on 19-4-1998 by thumping majority. In the election held on 15/04/2001 he was again elected as working President. The defendant No. 4 was also elected as General Secretary in the election held on 19/04/1998 and on expiry of term (of) three years, was again elected as General Secretary in the election held on 15/04/2001. The Executive Committee with the office bearers and members thereof as election on 19/04/1998 had every right, rather were under obligation under the constitution of Shri Rajput Sabha to serve Shri Rajput Sabha and the community at large for the full term of three years. It is for the Executive Committee to manage the affairs of Shri Rajput Sabha with regard to all its activities including the election of its office-bearers. The permanent President, if there be any, has no right to sit over the wisdom of the Executive Committee, which is representative body of the members of Shri Rajput Sabha constituted for the purpose of administering and looking after the affairs of Shri Rajput Sabha. There could be no permanent President of the Sabha after amendment of the Constitution of India. Otherwise also the permanent President, if any, has no right to displace the duly elected office-bearers or members of the Executive Committee, who perform their function in collective wisdom after their election in democratic manner and the Executive Committee is the paramount body to manage the affairs of Shri Rajput Sabha and its properties, assets etc. Under the Act of 1958, the property of the Society is vested in the Managing Committee of the Society. The defendants denied that there was any misappropriation of the fund. The Executive Committee maintains books of account in regular course and the transactions have been operated through the Bank account with authentic cash book, ledger book maintained for that purpose. There is regular audit of the income and expenditure as also of the account of Shri Rajput Sabha. Shri Devi Singh was suspended from the Executive Committee for working against the interest of Shri Rajput Sabha as per the resolution of the Executive Committee dated 13/07/2000. The order dated 1/07/2000 of the so-called permanent President suspending the defendants 2 and 4 was without authority of law. The permanent President, if any, could not suspend the duly elected office- bearers of the Executive Committee against the wishes of the community and general members of Shri Rajput Sabha. The provisions of Article 9(1) of the constitution of Shri Rajput Sabha has been wholly misread and misconstrued by the plaintiff. It does not empower the permanent President to disturb the functioning of the duly elected office-bearers of the Executive Committee. In fact, the permanent President is a symbolic post. Under Article 8 of the Constitution of Shri Rajput Sabha, it is the Executive Committee of Shri Rajput Sabha, which is full and complete representative body to serve, safeguard and protect the interest of all the members of Shri Rajput Sabha.