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K. SUJANA
B. V. N. Satyanarayana – Appellant
Versus
S. C. Railway O. B. C. Employees Association Regd. No. 4183/93 – Respondent
ORDER :
This revision petition is filed by the revision petitioner who is the 2nd respondent in S.O.P.No.600 of 2018 on the file of XXVII Additional Chief Judge, City Civil Court, Secunderabad, aggrieved by the docket order dated 22.02.2022 passed in S.O.P.No.600 of 2018. The docket order is passed on the Memos dated 09.12.2020 and 30.06.2021 filed by the 1st respondent herein.
2. Originally S.O.P.No.600 of 2018 was filed under Section 23 of the Societies Registration Act praying to pass a decree declaring the petitioner-Association headed by its President Sri G.Anjaiah Goud and other members mentioned in the list submitted to the Registrar of Societies by the petitioner-Association with the approval of apex body i.e., respondent No.4 for the period 2018 to 2020 vide Association’s letter dated 12.08.2018 as elected body of the association; to grant permanent injunction restraining the respondent Nos.1 and 2 from representing themselves as Executive Body members and/or office bearers of the petitioner’s association and from doing any act, deed or thing on behalf of or in the name of the petitioner’s-Association; to grant permanent injunction restraining the respondent Nos.1 and 2 from
The court ruled that disputes regarding elections become irrelevant when subsequent elections occur, leading to dismissal of the original petition as infructuous.
Disputed questions of fact require detailed evidence and cannot be adjudicated under Article 226 of the Constitution.
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
Civil proceedings must continue when conflicting claims of legitimacy require resolution through full trial; expiration of tenure does not automatically render petitions infructuous.
A member of a society can contest their removal based on the society's bye-laws under Section 23 of the Andhra Pradesh Societies Registration Act, 2001.
The authority to manage society operations must adhere to established bye-laws, and elections not conducted following prescribed procedures are void.
The court affirmed the necessity of adhering to established bye-laws in conducting elections and the invalidity of actions undermining duly elected bodies.
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