2015 Supreme(Gau) 1026
GAUHATI HIGH COURT
M.R. Pathak, J.
Arunachal Pradesh Congress Committee (APCC), Arunachal Pradesh and another - Petitioners
Versus
Kalikho Pul - Respondent
CRP No. 22(AP) of 2015
Decided on : 6-10-2015
For the Petitioners:Manjuli Dev, B. Joseph, P. Deb and N. Deb, Advocates.
For the Respondent:P.K. Tiwari, Sr. Advocate, Tony Partin, K. Saxena, Y. Rian, U. Bori and H.K. Jamoh, Advocates.
Headnote:
Code of Civil Procedure, 1908 – Section 151 – Constitution of India – Article 227, XIX (f) (iv) – Case and also for quashing the proceeding – Petitioners have filed this revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure for setting aside the orderpassed by learned Civil Judge (Junior Division), Capital Complex, Yupia in Misc (J) Case and also for quashing the proceeding of said Title Suit, presently pending before the learned Civil Judge (Junior Division), Capital Complex, Yupia on the ground that the Civil Court does not have the jurisdiction to take cognizance of the suit preferred by the opposite party plaintiff since the matter pleaded by him in the plaint cannot confer jurisdiction upon the Civil court –Held, Whether the decision and the action of the petitioners/defendants in taking the impugned punitive action against the sole opposite party/plaintiff expelling him from the INC Party for a period of six years and terminating his membership from the said party was in good faith, was in conformity with the Constitution of the Party in question and the disciplinary rules incorporated therein, before taking such punitive action against the opposite party/plaintiff notice as required under Art. XIX(f)(iv) 5 of the Constitution of the Party in question was served upon him or not and the established principles of law of natural justice was followed or not by giving the opposite party/plaintiff a chance of defence and explanation before said punitive action against him – Petition, being devoid of any merit, stands dismissed.
M.R. Pathak, J. - Heard Ms. Monjuli Dev, learned counsel for the petitioners. Also heard Mr. P.K. Tiwari, learned Sr. counsel, assisted by Mr. K. Saxena learned counsels for the sole opposite party.
2. The petitioners have filed this revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure for setting aside the order dated 18.06.2015 passed by learned Civil Judge (Junior Division), Capital Complex, Yupia in Misc (J) Case No. 51 of 2015 in Title Suit No. 14 of 2015 and also for quashing the proceeding of said Title Suit No. 14/2015, presently pending before the learned Civil Judge (Junior Division), Capital Complex, Yupia on the ground that the Civil Court does not have the jurisdiction to take cognizance of the suit preferred by the opposite party plaintiff since the matter pleaded by him in the plaint cannot confer jurisdiction upon the Civil court.
3. The brief facts of the case are that the petitioners herein are representing a political party, namely, Indian National Congress (INC, in short) Party in its provincial office in the State of Arunachal Pradesh. The sole opposite party a sitting Member of the Legislative Assembly in the State of Arunachal Pradesh from No. 28 Hayuliang (Schedule Tribe) Constituency, Anjaw District, won the last assembly election 2014 on a ticket from the Indian National Congress Party who is a member of the said political party for quite a long period. For certain reasons known to the State Congress Party, the petitioner No. 2, President of Arunachal Pradesh Congress Committee by his order number APCC/EXP/21/2009 dated 02.04.2015 expelled the sole opposite party from the said political party for a period of 6 (six) years with immediate effect for anti-party activities under the relevant Article XIX (f) (iv) of Clause A, sub-clause (a) of the constitution of said INC Party. Against the same, on 10.04.2015 the sole opposite party preferred an appeal before the Appellate Forum of the Party which Is still pending for disposal.
4. The opposite party in the meanwhile as a plaintiff instituted a suit being Title Suit No. 14 of 2015 before the Learned Civil Judge, Senior Division, Capital Complex, Yupia; amongst others (I) for a decree of declaration that the said order of his expulsion dated 02.04.2015 issued by the petitioner No. 2 is invalid, void ab initio, without any authority and not liable to be acted upon, (ii) for a decree of declaration that the plaintiff (opposite party herein) continues to remain a member of the Indian National Congress having all the rights, title and interest over the said membership, (iii) to set aside and quash the impugned order dated 02.04.2015, (iv) for a decree of permanent injunction, restraining the defendants (petitioners herein) jointly and severally from expelling the plaintiff (opposite party) from the INC Party without following the procedures established by law, constitution & rules of the INC Party and (v) to debar the Speaker of the Arunachal Pradesh State Legislative Assembly from issuing any order declaring the plaintiff (opposite party) as an unattached Member of the said Legislative Assembly and/or if already issued, to declare the same as void ab initio, illegal, null and void. Along with the said Title Suit, the sole opposite party/plaintiff as a petitioner also filed an application being Misc (J) Case No. 51 of 2015 under Order 39, Rules 1 & 2 read with Section 151 of the Code of CMI Procedure for grant of necessary injunction.
5. The learned-civil Judge, Senior Division, Capital Complex, Yupia after hearing the Counsel for the opposite party/plaintiff initially passed and ex parte ad interim injunction order on 13.05.2015 directing the present petitioners/defendants not to give effect to the order dated 02.04.2015 passed by the petitioner No.2-defendant No. 2 and stayed the operation of the said order dated 02.04.2015 till the next date fixing 17.06.2015 for service report and the writ