Delhi District Court
Sh. Shriniwas Sharma vs Hindustan Scouts And Guides ... on 25 May, 2022
IN THE Court OF SH. RAJINDER KUMAR
ADDITIONAL DISTRICT JUDGE2: ROHINI COURTS: DELHI
MCA DJ No.22/2019
In the matter of :
1. Sh. Shriniwas Sharma,
ExNational Chairman of
Hindustan Scouts And Guides Association
R/o 122, Sharda Niketan,
Pitampura, Delhi.
2. Sh. Rakesh Mishra,
R/o 68B, Road No.12,
Smriti Nagar, Bhilai, Durg,
Chattisgarh.
3. Sh. Champat Singh,
R/o JG2, 743A, Vikas Puri,
New Delhi. .......Appellants
Vs.
Hindustan Scouts And Guides Association
Through its socalled National Secretary namely Sh. Vinod
Kumar Bidhuri,
S/o Sh. Rati Ram,
R/ H.No. 78, V.P.O. Ankhir Dish,
Faridabad. ........Respondent
Date of Institution : 14.05.2019.
Date of Arguments : 20.05.2022.
Date of Order : 25.05.2022.
MCA DJ No.22/19
Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association
Page no.1 of 6
JUDGEMENT
APPEAL U/O XLIII RULE 1 (r) R/W SEC. 104 CPC AGAINST THE ORDER DT. 03.05.19 PASSED BY THE COURT OF SH. VIPIN KHARB, LD. JSCC CUMASCJCUMGJ (NORTH WEST), ROHINI COURTS, DELHI THEREBY ALLOWING THE APPLICATION U/O 39 R 1 & 2 .
1. This is a Misc. Appeal against the order on the application U/O 39 R 1 & 2 CPC passed by the Court of Sh. Vipin Kharb, Ld. JSCC cumASCJcumGJ (North West), Rohini Courts, Delhi dt. 03.05.19.
2. The plaintiff / respondent has filed a suit for declaration, permanent and mandatory injunction.
3. The brief facts of the case as per the plaintiff are that the plaintiff is a registered Society and has it's state units in all over India & the same is engaged in social activity of training of scouts and guides. It is the plea of the plaintiff that his suit would become infructuous if restraining order is not passed against the defendants. It is also the plea of the plaintiff that the defendant no.2 to 4 be restrained from participating in the management, administration and controlling the affairs of the plaintiff's Association and signing any letter, notice and MCA DJ No.22/19 Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association Page no.2 of 6 communication on behalf of HSGA and also restraining the defendant no.1 to 4 in respect of affairs of the plaintiff's Association and further restraining them from recognizing them as office bearers of the HSGA. It is also contended that the defendant no.2 in collusion with the other defendants and without any authority had issued the notice dt. 09.02.19 It is also contended that the notice dt. 09.02.19 was issued in violation of rules and regulations of the society.
4. It is the plea taken by the defendants that Sh. Vipin Kumar Bidhuri, through whom this suit has been filed has no locusstandi in this case. It is also contended that Sh. Vipin Kumar Bidhuri has been removed from his post by notice dt. 14.02.19, which was confirmed in the meeting dt. 02.03.19. It is also contended that the said notice has never been challenged by Sh. Vipin Kumar Bidhuri.
5. It is one of the grounds raised by the appellant that the trial Court has erred in holding ( para no. 8 ) that Sh. Vipin Kumar Bidhuri was the authorized person to sue or be sued on behalf of the society. That Sh. Vipin Kumar Bidhuri was having no locusstandi to file the suit. That after his expulsion on 21.02.19, Sh. Vinod Kumar Bidhuri has MCA DJ No.22/19 Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association Page no.3 of 6 no authority even to challenge the proceedings of National Executive Meeting dt. 02.03.19. That the Trial Court has ignored the fact that the plaintiff wants to stop the election which were scheduled to be held on 05.05.19. That the Trial Court has decreed the suit itself by giving interim relief to the plaintiff which is not permissible. That the suit is without consequential relief and was not maintainable as the plaintiff has not challenged his removal.
6. The appeal is opposed by the respondent / plaintiff on the grounds that Sh. Vinod Kumar Bidhuri was the National Secretary of HSGA and that the alleged notice dt.14.02.19 and 21.02.19 were not issued by the competent person. That appointment of defendant no.4 as National Secretary was illegal.
7. The Ld. Trial Court has granted the final relief through the interim relief. Admittedly, Sh. Vinod Kumar Bidhuri has not sought any consequential relief pertaining to his illegal removal and has not availed any remedy as per rules of respondent Association. There is no Resolution passed by the Association in terms of clause 39 of Memorandum and or otherwise to challenge the elections. MCA DJ No.22/19 Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association Page no.4 of 6 So far as the plea of the appellant that Sh. Vinod Kumar Bidhuri was served with a show cause notice dt. 14.12.19 and since, it was not responded / replied by him, he was removed from the post of National Secretary on 21.02.19. In para (2) of ( Reply on merits ) of reply to appeal, it is pleaded by the side of the respondent "the alleged notice dt. 14.02.19 was not issued by the competent person of HSGA", clearly indicates as an admission of the notice dt. 14.02.19 by the side of Appellant but no appeal was preferred by him against the said removal for the reasons best known to him.
8. It was held in Shaji K. Joseph Vs. Vishwanath & Ors. (2016) 4 SCC 429 by the Hon'ble Apex Court : "Whenever the process of election starts, normally Courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the Courts, possibly no election would be completed without the Court's order. Very often, for frivolous reasons candidates or others approach the Courts and by virtue of interim orders passed by Courts, the election is delayed or cancelled and in such a case th basic purpose of having election and getting an elected body to run the administration is frustrated."
There are several issues involved in this case and picture would be clear only after leading of evidence. Hence, considering all the facts MCA DJ No.22/19 Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association Page no.5 of 6 and circumstances of the present case, the Court is of the opinion that the appeal deserves to be allowed. The same is allowed accordingly and the impugned order is setaside.
Trial Court record be sent back alongwith a copy of the order. The parties are directed to appear before the Ld. Trial Court on the date already fixed.
Nothing contained in this order shall tantamount to any expression on final merits of the case.
The appeal file be consigned to record room.
Announced in the Open Court on 25th of May, 2022.
(RAJINDER KUMAR) Additional District Judge2 (NorthWest) Rohini Courts: Delhi MCA DJ No.22/19 Shriniwas Sharma And Ors. Vs. Hindustan Scouts And Guides Association Page no.6 of 6