2024 Supreme(Telangana) 618
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA, J.
B.V.N.Satyanarayana – Appellant
Versus
S.C.Railway O.B.C.Employees Association Regd.No.4183/93 and 5 others – Respondents
Civil Revision Petition No.841 of 2022
Decided on : 24-04-2024
Advocate Appeared:
For the Appellant : MAMIDI AVINASH REDDY
For the Respondent: V RAVINDRANATH REDDY
IMPORTANT POINT
The court ruled that disputes regarding elections become irrelevant when subsequent elections occur, leading to dismissal of the original petition as infructuous.
Headnote:
(A) Societies Registration Act - Section 23 - Revision petition against docket order in S.O.P.No.600 of 2018 - Petitioner-Association sought declaration as elected body and injunction against respondents - Court found that subsequent elections rendered the original petition infructuous - The Apex Court's ruling in J.M.Biswas Vs N.K.Bhattacharjee emphasized that continuing litigation without relevance is unproductive. (Paras 12, 13)
(B) Election Validity - The court must determine the validity of elections despite the term completion, given serious allegations against the respondents. (Paras 10, 11)
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 accessing or using any property belonging to the petitioner’s association including documents thereof; direct the respondent Nos.1 and 2 to deliver to the CEC of the petitioner’s-Association, all such property of the petitioner that are within the possession of the respondents including bank statements and the bank accounts of the petitioner’s-Association, records, registers, minutes books etc of the petitioner’s-Association and to direct the respondent Nos.1 and 2 not to interfere in the internal matters of the petitioner’s Association and to pay costs to the petitioner.
3. The said S.O.P., was filed by the S.C. Railway O.B.C. Employees Association, represented by its President, stating that in the year 1994, the members of the Railway Employees belonging to OBC Community formed the petitioner-Association and functioning at the Headquarters at Secunderabad and in the year 1998, the members of the Railway Employees belonging to OBC Community formed the All India O B C Railway Employees Federation, New Delhi at Apex level in order to attend to the grievances of members in an efficient manner. It is further stated that as per the orders in Writ Petition (Civil) bearing No.20401 of 2014 of the High Court of Allahabad, the Railway Board has passed an order dated 04.08.2016 stating that the All India OBC Railway Employees Federation is the Apex body and its decision is binding on Zonal OBC Associations and the elected list of Zonal office bearers of Zonal OBC Association should be circulated after approval under the joint signature of President and General Secretary of the Federation. Accordingly, the approved list of office bearers of petitioner-Association was circulated for a period of two years from 29.05.2016 to 28.05.2018 by S.C.Railway. That as per the by-laws of petitioner-Association the out going Body of the Association called for the General body meeting for conducting elections for a period of two years from 2018 to 2020 and as per the decision/Resolution of the General Body Meeting, elections were held on 12.08.2018 in the Zonal Office, Secunderabad. The elected list was approved under the joint signature of President and General Secretary of the Federation.
4. The petitioner-Association contended that respondents 1 and 2 therein have not participated in the elections and started making efforts to create confusion by falsely manipulating a pseudo elections with a few selected persons who are non –Railway employees which is highly illegal and against the orders of the Railway Board. It is also contended that during the tenure of executive committee of the petitioner-Association from 2014 to 2016, the petitioner and the respondent Nos.1 & 2 held executive positions and during the said tenure, significant changes occurred. Meanwhile then General