ORDER

Date : 09-05-2022

1. Correctness or otherwise of the order, dated 09.12.2021, passed by the learned District & Sessions Judge, Lohit District, Tezu, in Title Suit No. 19 (L)/2021, is impugned in this petition under Article 227 of the Constitution of India. It is to be noted here that vide impugned order, the learned District Judge, Tezu, has suspended Circular, dated 27.10.2021, by which, new office bearers of Tezu Bazaar Committee so elected for the Sessions 2021-2024 was suspended till further order.

2. The factual background, leading to filing of the present petition, is briefly, stated as under:-

“The respondent, Shri Moso Chiba, instituted the Title Suit No. 19 (L)/2021 on 02.11.2021, under Section 9 read with Section 151 of the CPC read with Section 34 of the Specific Relief Act, praying for issuance of a declaration to the effect that the Circular, dated 27.10.2021, issued by Shri Sotai Kri, petitioner No. 2, and the Meeting Chairman-cum-Business Owner, Tezu, whereby and whereunder, Shri Kotenso Kri, petitioner No. 1, and Shri Picasso Chai, petitioner No. 3, have been declared to be elected as the Chairman and Secretary of Tezu Bazaar Committee, respectively, for the term of 2021-2021 is a nullity, void and without jurisdiction. In the said petition, the petitioners appeared and contested the Suit by filing Written Statement. Thereafter, the respondent prayed for interim relief and after hearing learned Advocates of both the parties, the learned Court below has granted interim relief vide impugned order dated 09.12.2021 and functioning of the new Chairman and Secretary elected as per Circular, dated 27.10.2021, circulated by one Shri Sotai Kri, Meeting Chairman-cum-Business Owner is suspended till further order and listed the matter on 30.01.2022.”

3. Being highly aggrieved, the petitioner approached this Court by filing the present petition on the ground:

(i) That, the impugned order, dated 09.12.2021, is in the nature of interlocutory order and since the learned District Judge exercises the jurisdiction of Civil Judge, Senior Division, thereby the petitioner becomes forumless and, therefore, preferred this petition under Article 227 of the Constitution of India;

(ii) That, the impugned order is perverse and the learned District Judge committed material irregularities and not consider the arguments advanced by the learned counsel for the petitioners;

(iii) That, the Arunachal Pradesh Government has made State Amendment to the Society Registration 1860 Act 1978 and a new Section in the form of Section 3A for compulsory renewal of the registration of the NGOs after expiry of three years with one year grace period for renewal subject to approval by the State Government in extra-ordinary circumstances as granted. Section 5 of the Amendment Act No. 09 of 2008, published in the extra-ordinary Gazette of Arunachal Pradesh on 19.11.2008, provides that “A society which fails to get its certificate of registration renewed in accordance with this section within one year from the expiration of the period for which the certificate was operative shall become an un registered”. But the learned Court below has not considered the same while granting the interim relief vide impugned order;

(iv) That, the interim relief, which has tendency to allow the final relief claimed in the proceedings, should not be granted lightly;

(v) That, the respondent does not have any locus standi to assail the election of Bazaar Committee as his tenure as Chairman expired in the year 2017 as per Article XI Clause 1 of the bye-laws of Bazaar Committee;

(vi) That, the respondent illegally holding the said post and vide Letter dated 27.10.2021, he had made a request to the Deputy Commissioner for dissolution of Bazaar Committee as his tenure as Chairman has come to an end;

(vii) That, as per Article XV (4) of bye-laws of Bazaar Committee, Executive Committee is required to be elected within 2 (two) months of the close of the official year of the committee vide Art