ANIL CHANDALIYA Vs. PAWAN DEVI

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs:-

(2.) The facts of the case in brief are that the Acharya Shri Bhikshu Samadhi Sthal Sansthan is a registered Society under the Rajasthan Society Act, 1958. The Society is governed by its own constitution and trust deed. The Head Office of Society is situated at Siryari, Tehsil Marwar Junction, District Pali, Rajasthan. A General House of the Society was held on 17/3/2018 and in this General House the resignation of respondent No. 3 was accepted alongwith that of entire Executive Committee. Respondent No. 4 thereafter was appointed as Election Officer while being authorized to hold new election of the Society as per provisions of the constitution of the Society. The election process thus commenced on 24/4/2018 for electing President and 21 Trustees. The respondent No. 4 and 5 declared respondent No. 6 as President of the Society and also declared the name of elected 21 Trustees (including the petitioners).

(3.) The respondent No. 1 on 6/6/2018 filed a suit before the learned Civil Judge, Marwar Junction challenging election of the Society which was held on 24/4/2018 and sought relief for declaration and cancellation of election of the Society. Alongwith the suit an application for permanent injunction as well as for temporary injunction under Order 39 Rule 1(2) CPC was also preferred.