ON

20.07.2023

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

Heard the learned counsel for the appellants and

learned counsel for the respondents. This miscellaneous

appeal is filed under Order 43 Rule 1(r) of Code of Civil

Procedure challenging the granting of injunction order

and prayed this Court to set-aside the order passed on

I.A.Nos.1 and 2 and to dismiss I.A.No.1 and 2 filed by

the plaintiff before the Trial Court.

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2.

The factual matrix of the case of the plaintiff

before the Trial Court that, the plaintiff (NNF Karnataka)

being the Society registered under the Karnataka

Society’s Act, 1960 and till 31.03.2022 there was a

elected body consisting of President, Vice President,

Secretary, Treasurer and Executive Board Members

which came to an end on 31.03.2022. It is also case of

the plaintiff that, the General Body meeting was held on

28.08.2021

and

appointed

Sri.L.H.Bidari

and

Dr.

Jagadish

Chinnappa

as

Election

Commissioners

to

oversee the proposed election for two years. The plaintiff

is the NNF Karnataka and it is also the contention that in

General Body meeting held on 30.03.2022 it was

unanimously decided constitute an Interim Committee

constituting of Dr.P.P.Maiya, Dr. Veerabhadrappa and

Dr.Devraj Raichur being the defendants and it was

unanimously decided that Dr.P.P.Maiya will be the head

5

of Interim Committee as chair person to correct

incomplete NNFK membership credentials and handover

the list to Election Commissioner to complete the election

process, which is half way through. It is also contended

that, defendants are all aware that the task given to

Interim Committee was to see to that all the members of

Karnataka NNFK Association from 1994 onward will

continue to be members of NNF Karnataka Chapter which

was duly registered on 31.01.2017 and no other task

was

given

to

Interim

Committee.

The

Election

Commissioners constituted vide Annual General Body

Meeting dated 28.08.2021 announced the conducting of

election i.e., election schedule, election rules and code of

conduct. Pursuant to the same, several candidates filed

their nominations for the posts of office bearers. The

process of declaration of valid nominations was also

completed by the said Election Commission and even the

last date of withdrawal of nominations were also

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complete. The date of E-voting and declaration of results

was announced by the Election Commission vide notice

dated: 28.07.2022 fixing the date of E-voting as

01.08.2022, 12 p.m., onwards to 10th August 2022, 5

p.m., and declaration of results on 10th August 2022 at

6 p.m.

3. The plaintiffs in the suit vehemently contend

that when the things stood thus, defendant Nos.1 to 3

vide e-mail dated 19.07.2022 at 5 p.m., sent by the

Interim Committee calling for an Extraordinary General

Body Meeting on 24.07.2022 with agenda to change the

Election Commissioners which per’se is void ab-initio null

and void. Further, the Extraordinary General Body

Meeting which was called by the defendant Nos.1 to 3

was attended only by 44 members out of 820 members

which is against the byelaws of the plaintiffs Society

which mandates attendance of minimum of 1/3rd

members to continue the Extraordinary General Body

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Meeting, in the event of no quorum the meeting has to

be called-off. But, in the instant case the defendants

Nos.1 to 3 have unlawfully gone ahead with the

Extraordinary General Body Meeting and have illegally

removed the existing Election Commissioners and have

unlawfully appointed the defendant Nos.4 and 5 as

Election Commissioners without assigning any reasons

for the same and also without having the required

quorum to hold the Extraordinary General body Meeting.

4.

It is also contended that as per the Bye Law it is

only an elected body which can call for an Extraordinary

General Body Meeting and the Interim Committee has

no powers to decide or to call for a Extraordinary

General

Body

Meeting

which

was

schedule

on

24.07.2022 as the task assigned to Interim Committe