Delhi District Court
Satya Narain Gupta vs . on 12 May, 2009
Page No. 1 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
IN THE COURT OF SH. RAJ KUMAR : ADMINISTRATIVE
CIVIL JUDGEcum ADDITIONAL RENT CONTROLER :
(NORTH) DELHI.
In Re : Suit No. 47/2009.
Sh. Satya Narain Gupta Plaintiff.
Versus.
M/s Kirana Committee Delhi (Regd) & Ors. Defendants.
Date of Institution of Suit : 06.05.2009.
Date on which Order was reserved : 12.05.2009.
Date of Pronouncement of Order : 12.05.2009.
ORDER
Vide this order, I shall dispose of an injunction application filed by the plaintiff under Order XXXIX Rules 1 & 2 of CPC r/w Section 151 CPC.
2. The present suit for declaration, permanent and mandatory injunctions has been filed by the plaintiff, mainly on the Contd...
Page No. 2 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
ground that the plaintiff is a very old member of the defendant no. 1 and even in the last erstwhile committee the plaintiff was the Addl. Secretary. Defendant no. 1 is stated to be a very old trade union duly registered under the Indian Trade Union Act, 1926 and the same was established in the year 1905. It has been further submitted that defendant no. 1 has got a registered constitution. It has been further submitted that defendant no. 2 is the Election Board as appointed by the defendant no. 1. It has been stated further by the plaintiff that elections of defendant no. 1 have been declared to be held on 23.05.2009 at 9.30 AM to 5.00 PM at National Club, Fatehpuri, Delhi. The grievance of the plaintiff in the present suit is that without complying with clause 30 of the constitution of defendant no. 1, the number of members have been increased from 38 to 41. It has been alleged that elections are being conducted in violation of the constitution of defendant no. 1 and as such elections which are going to be held on 23.05.2009 are bad in the eyes of law.
Contd...
Page No. 3 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
In the injunction application filed by the plaintiff, it has been prayed that proposed election in violation of the constitution of defendant no. 1 be stayed or in the alternative the defendants be directed to follow and comply with the existing provisions of the constitution in the interest of justice. It has been further prayed that the General Secretary of the defendant no.1 be restrained from appointing the Election Board in future to give any direction in violation of the constitution in future in the best interest of the defendants.
3. Written Statement has been filed alongwith reply to the injunction applications by the defendants, taking various preliminary objections therein such as that the present suit of the plaintiff is false, frivolous, vexatious, misconceived and is not maintainable in the eyes of law. It has been further submitted that the plaintiff has not come to the Court with clean hands and has suppressed the material facts and as such plaintiff is not entitled to the discretionary relief of Contd...
Page No. 4 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
declaration, permanent injunction and mandatory injunction. It has been further submitted that the plaintiff has intentionally and deliberately not disclosed the fact that in the meeting of the Executive Committee of the defendant no. 1 held on 27.12.2006, it was decided that as the members of the defendant no. 1 have increased proportionately, representations of the members may also be increased from 35 to 38 and the plaintiff himself was present in the said meeting. It has been further submitted that thereafter in pursuance of the said decision of the executive committee the matter was taken up on 28.12.2006 in the General Body and Resolution to increase the members of the executive committee was approved by the General House of the defendant no. 1.
On merits, it has been stated that the plaintiff will continue to be the Addl. Secretary of the executive committee because the functioning of the executive committee has not been dissolved and tenure of the continuing executive committee will come to an end Contd...
Page No. 5 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
only after fresh election and after taking over of the work by the new executive committee. It has been admitted that members of defendant no. 1 exceeded to 1200. It has been further submitted that the increase was made up to three executive members. It has been stated further that the said proposal was put up before the General Body and the said General Body approved the increase of number of the members of the executive committee which was duly notified to the Registrar of Trade Union on 19.01.2007 after the expiry of 15 days period provided under the rules and regulations and bylaws of the defendant no. 1 as no objections were received within 15 days from holding of the General Body, from 1/3rd members of the defendant no. 1. Except the factual position, rest of the contents of plaint have been denied by the defendants.
In the reply to the injunction application, it has been prayed that as the injunction application is not maintainable same be dismissed.
Contd...
Page No. 6 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
4. Certain documents have also been filed on record by both the parties. The plaintiff has filed on record the Constitution of defendant no. 1, whereas Ld. counsel for the defendants has filed on record the minutes of the meeting of executive committee held on 27.12.2007 and the minutes of the meeting of General Body held on 28.12.2006 alongwith certain other documents.
Ld. counsel for the plaintiff has relied upon an authority cited as 2003 II AD (Delhi) 625 titled as Dr. Raj Vardhan Azad vs. All India Ophthamological wherein it has been observed as under :
" Code of Civil Procedure, 1908_ Plaintiff challenged the elections of the post of Honorary General Secretary and Honorary Treasurer of defendant no. 1 society_ There was a provision in the Constitution of the society that Honorary General Secretary and Honorary Treasurer shall be from the same city_ Election commission declared the plaintiff and defendant no. 8 having been duly Contd...
Page No. 7 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors. elected to their respective posts_ In the general body meeting decided in favour of defendant no. 7 for the post of Honorary General Secretary and defendant no. 8 for the post of Honorary Treasurer_ These two persons were from different cities_ Held_Resolution of General body upsetting the elections is ultravires and was set aside_ The functioning of any society is to be carried out strictly in accordance with its Constitution and Bye laws to which even the General Body is subject_ Defendant no. 7 is restrained from assuming the office of Honorary General Secretary of defendant no. 1."
Ld. counsel for the defendant has also relied upon the following authorities :
(a) AIR (33) 1946 Oudh 42 titled as Raja Maheshwar Dayal Seth vs. Yuvraj Dutta Singh wherein it has been observed as under :
"Civil P.C. (1908), O 39, R.2(1)_ Contd...
Page No. 8 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors. Inconvenience likely to result from granting injunction greater then that which is likely to arise from withholding it - Injunction should not be granted."
(b) AIR 1973 Himachal Pradesh 90 (V 60 C 30) titled as Pritam Singh and others vs. Charan Dass Dogra and others wherein it has been observed as under :
" Index Note: (A) Constitution of India, Article 227 Power of superintendence - Exercise of - Where there is a question of exercise or nonexercise of jurisdiction or an error apparent on the face of the record, the High Court can interfere under Article 227. Case Law relied.
Index Note - (B) Constitution of India, Article 227 - Interim injunction - Interference - High Court can interfere with order of interim injunction when it is passed by Lower Court in exercise of jurisdiction not vested in it (XRef. Civil P.C. O. 39 Rs. 1 & 2)."
Contd...
Page No. 9 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
(c) AIR 1963 Punjab 104 (V 50 C 28) titled as Union of India vs. Bakshshi Amrik Singh wherein it has been observed as under :
" Specific Relief Act (1877), Ss 21, 56(f)(i) and (j) - Civil P.C. (1908), O 39 Rr. 1 and 2 and S. 115 - Suit for permanent injunction restraining Union of India from relieving plaintiff on particular date o ground that his birth date as recorded in service record was wrong Suit filed four days before retirement
- Temporary injunction asked for - Principles governing grant of injunction in such cases - Granting temporary injunction, resulting in plaintiff's achieving his purpose - Discretion of Court - Use of Injunction cannot be granted - Constitution of India, Art. 311, does not apply."
5. I have carefully gone through the entire material on record and have heard the rival submissions at bar as advanced by Contd...
Page No. 10 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
both the Ld. counsels for both the parties.
The factual matrix is not in dispute in the present suit. The defendant no. 1 is admittedly a registered trade union and it has a written constitution. It is the settled law that the constitution of any registered society or trade union is the supreme document by which the parties are to be governed. Anything done in violation of the constitution cannot be upheld but anything done within the framework of the constitution, the same is required to be upheld. It is not in dispute in the present suit that the number of members of the executive committee for which elections are going to be held on 23.05.2009 has been increased from 38 to 41. The bone of contention in between the parties to the suit and as argued by the Ld. counsel for the plaintiff is that the said increase is in violation of clause 30 of the constitution of defendant no. 1. Whereas Ld. counsel for the defendants has argued that the said increase is in consonance with clause 30 of the constitution of defendant no. 1.
Contd...
Page No. 11 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
As I have already stated that the constitution of defendant no.1 is the guiding factor which will throw light as to whether the action of the defendant no. 1 for increase of members of executive committee is within the limits as defined in the constitution or not.
I have carefully gone through the constitution of defendant no. 1. Clause 30 of the said constitution contains two sub clauses. The aforesaid constitution is in Hindi and the translated version in English of the Clause 30 may be read as under :
Clause 30 : Change in Rules and Regulations of the Committee.
(1) change in the constitution of the committee shall be possible by the General Body but the presence of 1/3rd members shall be necessary.
(2) If any change is proposed by way of circulation of the executive committee then there must be no objection from 1/3rd of its members and notice of the change so done shall be sent to the Contd...
Page No. 12 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
Registrar of Trade Union within 14 days and unless and until sanction is not received from the Registrar of Trade Union, the said change shall not be effected.
During the course of arguments, Ld. counsel for the plaintiff has argued that subclause 2 of clause 30 is squarely applicable and since the change for increase of number of members has not been sent to the Registrar of Trade Union and since no sanction has been received from the Registrar of Trade Union, the aforesaid change is in violation of clause 30 of the constitution. Whereas, Ld. counsel for the defendants has argued that both the sub clauses of Clause 30 are to be read separately and a general body meeting of defendant no. 1 was called on 28.1.2006 as is apparent from minutes of the meeting and in the said meeting the change for increase of members was passed by more than 1/3rd members.
To my mind, the bone of contention is that as to whether Contd...
Page No. 13 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
both the said subclauses of Clause 30 of the constitution are to be read conjunctively or disjunctively. After carefully going through the entire material, I am of the opinion that said two subclauses of Clause 30 of the constitution of defendant no.1 provide for two separate remedies for two separate eventualities. Subclause 1 is for General body whereas subclause 2 is for the executive committee. If some change is to be done by the general body in the constitution then presence of 1/3rd members is necessary and the same is not subject to the approval of Registrar of Trade Union. The executive committee comes under subclause 2 of clause 30. To my mind, if both the said subclauses were to be read conjunctively then there was no need for mentioning the name of general body in subclause 1 and for mentioning the name of executive committee in subclause 2. I am of the opinion that powers of the executive committee and powers of the general body have been separately defined under separate subclauses.
In the light of the aforesaid discussion I am of the opinion Contd...
Page No. 14 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
that the aforesaid change done by the general body is in accordance with the provisions of constitution of defendant no. 1. Further more the process for holding the elections has already commenced, the nomination forms have been filled up, as has been apprised to the Court. Further more, the aforesaid change was done in the year 2006 and the plaintiff has come to the court only in the year 2009. As such, I am of the opinion that plaintiff has utterly failed to make out a primafacie case in his favour. Balance of convenience also does not lie in favour of the plaintiff. Plaintiff shall not suffer an irreparable loss and injury if the injunction is not granted in favour of the plaintiff.
In the light of the aforesaid discussion, the injunction application filed by the plaintiffs is dismissed.
Nothing contained herein shall tantamount to an expression of opinion on merits during the trial of the case.
Contd...
Page No. 15 Suit No. 47/2009.
Satya Narain Gupta vs.
M/s Kirana Committee Delhi (Regd) & Ors.
Now to come up for replication, A/D of documents and issues on 29.07.09.
Announced in the open court on this 12th Day of May, 2009.
(RAJ KUMAR) ADMINISTRATIVE CIVIL JUDGE cum ADDL RENT CONTROLER (NORTH) DELHI.
Contd...