The court emphasized that exclusive rights to manage a religious organization and hold events must await formal judicial determination, and principles of res judicata prevent repetitive litigation on settled issues.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This revisional application is directed against an order dated 21st February, 2014, passed by the Learned Additional District and Session Judge, Purulia, in Misc. appeal no. 32 of 2012 arising out of an order dated 19^th December, 2012 passed by the Learned Civil Judge Senior Division, Additional Court Purulia in title suit no 305 of 2003 whereby the application filed by the petitioner under Section 151 of the code of civil procedure, 1908 is rejected.

2. The opposite Party Nos 2 to 4 filed a Title suit 305 of 2003 praying inter alia a decree for declaration that the 15 members including the Opposite Parties no. 2 to 4 listed in Annexure II to the plaint are the elected office bearers and members of Governing Body of Ananda Marge Pracaraka Samgha in the year 2003-2004, a decree of declaration that the original defendant no 1 and 3 have no right and competence to withhold the charge of the office of Ananda Marge Pracaraka Samgha and the said original defendant no. 1 and 2 are not the office bearers of the Governing body and thus have no right and interest to act as the President and General Secretary of the Governing Body.

3. An application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure was moved by the plaintiff/Opposite Party no. 2 to 4, in the said suit alleging that the defendants/petitioners are conducting administration of the plaintiff in a most arbitrary/illegal manner and the plaintiff/ Opposite Parties have constituted a Governing Body of 15 members in the Special General Meeting and accordingly prayed for order of injunction restraining the original defendants from functioning as President and General Secretary of the plaintiff/ Opposite Party no 1.

4. By an order dated 18th March,2006 the said application was rejected by the Learned Civil Judge Senior Division, Additional Court , Purulia followed by a Misc. appeal filed by the plaintiff Opposite Party no. 2 to 4 being Misc. appeal no 6 of 2006 which was disposed of by the Learned Additional District Judge 2^nd Court Purulia on 19^th July, 2006 with an observation that the existing Governing Body should not be inducted otherwise the whole administration ,law and order will be paralyzed and the interest of all members and their noble object would be frustrated .

5. One of the original defendant challenged the said Order dated 19^th July, 2006 by way of filing a civil revision being CO no 3721 of 2006 before the High Court at Calcutta and by an order dated 25^th September,2006 the operation of the said order to the extent it directed induction of 5 members nominated by the plaintiff ,was stayed by the Hon’ble Court and subsequently by order dated 4th February,2011 the said revisional application was allowed by co-ordinate bench of this Court by directing the parties to maintain status-quo with regard to the suit property .

6. A Title suit was filed being No. 359 of 2003 by some of the expelled members including these opposite parties no. 2 to 4 seeking an order of temporary injunction restraining the then office bearers including the predecessor of the petitioner herein from giving any effect or further effect to the order of expulsion but the same was rejected by the learned trial court on 14^th June 2005 and on appeal the learned court passed the order of status-quo in respect of the religious organization as on that date till the disposal of the suit. Later on after demise of petitioner’s predecessor Purodha Pramukha namely Achariya Shraddhananda Avadut