Back
IN THE HIGH COURT OF ORISSA, CUTTACK
D. Dash, J.
Ramani Ranjan Mohanty - Appellant
Versus
W.V. Raja - Respondent
SAO No.4 of 2021
Decided On : 25-01-2022
Code of Civil Procedure - Appeal - Section-100 - The court discussed the validity of the election, the status of the defendants, and the legality of the election conducted by the Ad hoc Committee. The Trial Court concluded that the plaintiff failed to establish a cause of action and dismissed the suit. The Lower Appellate Court entertained the Appeal filed by the Defendant No.2, challenging the Trial Court's observation, despite the suit being dismissed. The Appellate Court's decision was found to be vulnerable and was set aside.
Fact of the Case:
The Ganjam District Cricket Association filed a suit seeking declarations regarding the validity of the revised by-law, the status of the defendants, and the voidness of a specific election. The Trial Court found the plaintiff failed to establish a cause of action and dismissed the suit.
Finding of the Court:
The Trial Court concluded that the plaintiff failed to establish a cause of action and dismissed the suit. The Lower Appellate Court entertained the Appeal filed by the Defendant No.2, challenging the Trial Court's observation, despite the suit being dismissed.
Issues: Validity of the election, status of the defendants, legality of the election conducted by the Ad hoc Committee, maintainability of the Appeal filed by Defendant No.2.
Ratio Decidendi: The court held that no Appeal lies against a finding when the decree has not gone against the person filing the Appeal. The Lower Appellate Court's decision to entertain the Appeal was found to be vulnerable and was set aside.
Final Decision: The Appeal was allowed, and the judgment and decree passed by the Lower Appellate Court were set aside.
ORDER
1. The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure (for short, 'the Code') has assailed the JUDGMENT passed by the learned 2nd Additional District Judge, Berhampur in RFA No.27 of 2018.
By the said JUDGMENT, the Appeal filed by the Respondent (Defendant No.2) under section 96 of the Code has been allowed in remanding the matter to the Trial Court for carrying out certain directions given thereunder.
The Association i.e. Ganjam District Cricket Association (for short, 'the GDCA'), registered under the Societies Registration Act, 1860 represented by the President (as stated) had filed the suit i.e. C.S. No. 297 of 2013. The present Appellant had been arraigned therein as the Defendant No. 1 being described as the former Secretary of Plaintiff-Association whereas this Respondent had been arraigned as the Defendant No.2.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.
3. The Plaintiff-Association said to have been represented by one Ramesh Chandra Patra filing the suit has prayed for the declarations that (i) the revised by-law of the Society is valid and binding on the office bearers of the Plaintiff-Association; (ii) that the Defendant No. 1 is not the Secretary and is a removed member of the Plaintiff-Association; and (iii) that the election of the office bearers of the Plaintiff-Association held on 10.11.2013 is void.
It has been further prayed that the Defendant Nos. 1 and 2 and other office bearers and their henchman be restrained from interfering in the affairs of the Plaintiff-Association and bring any liaison or contract with the Apex Association of the State i.e. Odisha Cricket Association (in short, 'the OCA').
It is stated that on 18.9.1988 the Plaintiff-Association was formed to promote cricket playing activities in the District of Ganjam. It has been affiliated to the OCA. The Plaintiff-Association was registered under the Societies Registration Act, 1860 on 14.10.1988, with its own by-laws for the organization, control of its activities and other things. One Sri Ramesh Chandra Patra and the Defendant No. 1 had been elected to the posts of President and Secretary respectively of the Plaintiff-Association in the election held on 6.3.2005. This election was challenged in Civil Suit No. 124 of 2008 in the court of learned Civil Judge (Senior Division). The court upheld the said election. In the said election, the following persons were the office bearers:-
(i) Ramesh Chandra Patra (President)
(ii) Suresh Chandra Mohapatra (Vide President)
(iii) Ashok Kumar Sahu (General Secretary)
(iv) Ramani Ranjan Mohanty (Joint Secretary)
(v) Trilochan Panigrahi (Joint Secretary)
(vi) Laxmi Kanta Patra (Treasurer).
It is stated that on account of resignation of Ashok Kumar Sahu (iii), the elected General Secretary, the Defendant No. 1 being the Joint Secretary took charge of the said office. There being several discrepancies and loopholes in the by-laws of the Association, the President decided to draft the revised by-law and that was finally approved in the General Body Meeting held on 23.10.2011. It had been sent to the District Magistrate-cum-Collector, the Registering Authority, OCA and the Additional Registrar of Societies-cum-Additional District Magistrate, Ganjam for approval. The Sub-Collector submitted his enquiry report on 31.12.2011 to the said revised by-laws, whereafter it was approved by the Additional Registrar of Societies and President Ramesh Chandra Patra circulated a notice with agenda of different items on 15.1.2012 convening the Special General Body Meeting on 5.2.2012. Revised by-laws being apprised to the members present to the General Body Meeting; it was decided to conduct the election by the end of April, 2013. In the said meeting, the voter list has been prepared and finalized. Accordingly, letters were issued to the Authorities. Finally, after
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
