GOPAL SINGH Vs. SHANKER SINGH

JUDGEMENT

(1.) BOTH these revision petitions arise out of Civil Original Case No. 384 of 1972 which was originally filed by the respondent, Shankersingh against the petitioners in the Court of Munsif City, jodhpur, and which was subsequently transferred to the court of Additional Civil Judge, Jodhpur. Civil Revision petition No. 542 of 1974 has been filed against the order dated 13th September 1974 passed by the Munsif City, Jodhpur and Civil Revision Petition No. 278 of 1976 has been filed against the order dated 30th March, 1976 has been passed by the Additional Civil Judge, jodhpur.

(2.) THE parties to these proceedings belong to the Raona Rajput Community, which runs a school known as Shri Umed Multi Purpose Higher Secondary School (hereinafter referred to as 'the School') in Jodhpur. The Raona Rajput community also have an organisation known as the Raona Rajput Sabha (hereinafter referred to as the sabha), which a society registered under the Societies Registration Act. The activities of the Sabha are governed by a Constitution which provides for the election of Pratinidhi Sabha and a President and a Manager of the School There is a separate Constitution far the administration of the School According to the Constitution of the Sabha, the Pratinidhi Sabha elects the President of the Sabha and the Manager of the School once in three years. According to paragraph 5 of the Constitution of the School, the term of office of the Manager of the School is ordinarily for three years but it can be extended for a period not exceeding one year if the elections are not held in due time owing to some unavoidable circumstances. In the election, that was held on 13th June, 1968, Shri Kalu Singh was elected as the President of the Sabha and Shri Gopal Singh, petitioner No. 1, was elected as the Manager of the School The next election was held on 12th June, 1971 but as regards the said election there is a dispute between the parties. The petitioners claim that in the said elections, Shri Karan Singh was elected as the President of the Sabha as well as the Manager of the School, whereas, according to the respondent, Shri Kalu Singh was elected as the President and the respondent was elected as the Manager of the School. In view of the aforesaid dispute, the respondent filed a suit, which has given rise to these revision petitions. In the said suit, the respondent has prayed for the following reliefs: (i) A declaration that the plaintiff respondent is the elected Manager of the School and that he only is entitled to hold that office for the whole term. (ii) (By way of consequential relief) an injunction restraining the defendant -petitioner from interfering with the functions of the Manager of the School and also prohibiting any of the defendant -petitioners from describing himself as the Manager of the School. (iii) An injunction restraining the defendant -petitioners from working against the Sabha or any office bearer of the Sabha by organising functions.

(3.) THE said suit has been contested by the defendant -petitioners and before the suit could be disposed of, the term of three years of the Manager of the School came to an end in June, 1974, and fresh election became due. On 27th August, 1974, an application was moved on behalf of the defendant -petitioners before the Munsif City, jodhpur, wherein it was submitted that the period of three years for which the plaintiff respondent claims to have been elected as the Manager of the School has already expired and that the plaintiff had, therefore, no legal right to continue in office and the plaintiff's suit had, therefore, become in fructuous as no effective decree could be passed in the suit. By the application aforesaid, the defendants prayed that the twit be dismissed The said application was disposed of by the Munsif City, Jodhpur, by his order dated 17th September, 1974, whereby the said petition was dismissed on the view that the existing office bearers were entitled to continue till fresh elections were held and that it could not be said that the points arising from the pleadings were purely of academic nature. Aggrieved by the aforesaid order of the Munsif City, Jodhpur, the petitioners have filed Civil Revision Petition No. 542 of 1974.