2018 Supreme(UK) 181
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj K. Tiwari, J.
Rajeev Ranjan – Petitioner
Vs.
D.K. Sharma & Others – Respondents
Writ Petition (M/S) No. 155 of 2018
Decided On : 11-04-2018
For the Petitioner:Mr. Vikas Bhauguna and Mr. Siddhartha Dutta, Advocates
For the Respondents:Mr. Sudhir Kumar, Advocate
Headnote:
Practice and Procedure – Unnecessary adjournment shall not be given to any of the parties. (Paras 6 to 9)
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Manoj K. Tiwari, J.
By means of this petition, petitioner has challenged the order dated 29.11.2017 passed by learned District Judge, Pauri Garhwal in Civil Appeal No. 32 of 2017, whereby the learned Appellate Court has revived the interim order dated 19.05.2017 passed by learned trail court, after dismissal of the suit.
2. Brief facts of the case are as follows:
3. D.K. Sharma (respondent no. 1 herein) filed a suit in the Court of Civil Judge (Senior Division) Kotdwar which was registered as Original Suit No. 42 of 2017. In the said suit, it was contended that plaintiff is a member of Rotary Club, Sikandrabad. Rotary Club is an international organization, which is engaged in charitable activities. Rotary Club has constituted various Districts in the country and Rotary District 3100 consists of Revenue Districts: Pauri Garhwal, Bulandshahar, Meerut, Muzaffarnagar, Bagpat, Amroha, Shamli, Biznor, Moradabad & Barot. The process of electing the District Governor is held three years in advance and the plaintiff was elected as District Governor of District 3100 for the year 2017-18, on 03.01.2015. A notification regarding his election was also issued, however on 21.04.2016 the status of District 3100 was unilaterally changed to Non District, without any notice to the plaintiff and charge of the said Non District was given to a special representative, Sri Sanjay Khanna. Plaintiff sent several letters through e-mail to the defendants to restore District 3100 but no heed was paid to his letters. It was further contended that District 3100 was declared as Non District in the year 2017-18, but election process for the year 2018-19 has been initiated by Rotary International vide letter dated 18.04.2017. It was further stated that the action of the defendants to declare District 3100 as Non District is actuated with malice and there is no complaint against his election and further that his election has not been canceled or set aside. Based on these pleadings, plaintiff sought relief of permanent injunction, restraining the defendants from interfering with his functioning as District Governor for the period 01.07.2017 to 30.06.2018 and further relief was sought to restore the District status of District 3100. Another relief, which was sought, was to stop the election process for the year 2018-2019 in respect of District 3100. Along with the said suit, Sri D.K. Sharma filed temporary injunction application.
4. Learned trial court after hearing the plaintiff on temporary injunction application, came to the conclusion that he was not heard before divesting him of his right to assume charge of District Governor. Therefore, learned trial court vide ex-parte order dated 19.05.2017, stayed the order dated 21.04.2016 issued by the parent body and also stayed the election process for the year 2018-19 till next date fixed in the matter.
5. Sri Rajeev Ranjan (defendant no.8) challenged the ex-parte order dated 19.05.2017 passed by learned trial court before this Court by filing A.O. No. 334 of 2017. A coordinate bench of this Court vide order dated 22.06.2017 stayed the order passed by learned trial court on 19.05.2017. Thereafter, D.K. Sharma (plaintiff) filed SLP No. 16987 of 2017 against the order dated 22.06.2017 passed by this Court in A.O. No. 334 of 2017. Hon’ble Supreme Court vide order dated 07.07.2017 dismissed the S.L.P. with following observations:
“We not inclined to interfere in the impugned judgment passed by the High Court. The special leave petition is, accordingly, dismissed.
However, in the interest of justice, we request the Trial Court to decide the matter expeditiously, preferably within three months, in accordance with law.”
5. After dismissal of the S.L.P. filed by Sri D.K. Sharma (plaintiff), A.O. No. 334 of 2017 was disposed of in terms of the order of Hon’ble Supreme Court, vide order dated 28.07.2017. Relevant extract of the order passed in A.O. No. 334 of 2017 is extracted below:
“It is pertinent to mention that this cou