JUDGMENT

This Regular First Appeal is filed by the appellant against the judgment dated 27.04.2024, passed by the learned V Addl.City Civil and Sessions Judge, Bengaluru, (hereinafter for brevity referred to as ‘trial Court’) in O.S.No.5888/2019, wherein the suit filed by the appellant/plaintiff for declaration/disqualify the selection of 5th defendant as null and void, came to be dismissed by the trial Court.

2. The ranks of the parties are stated as per the trial Court for easy reference and convenience.

3. The brief facts of the case of the plaintiff are that :

the 4th defendant-Karnataka State Government Employees Association (for brevity, referred to as `Association'), was formed by the employees who are working in different Government Departments and used to conduct the elections as per its Bye-law. The said Association is registered under the Karnataka Societies Registration Act. As per the Bye-law, there will be election to the 4th defendant-Association for every five years and accordingly, election was conducted for the new office bearers of 4th defendant-Association in the year 2019. The 3rd defendant was assigned the work as Election Officer to conduct the election to the 4th defendant-Association. On 27.04.2019, Calendar of Events was published. As per the Calendar of Events, the plaintiff and 5th defendant have filed their respective nomination to the election to 4th defendant-Association. As per the Calendar of Events, the election was scheduled to be held on 15.06.2019.

It is the further case of the plaintiff that, in the meantime, on 12.06.2019, the 5th defendant was transferred from Bengaluru to Ramanagara, therefore, he was disqualified to contest the election as per the Bye-law of 4th defendant-Associatiion. However, 5th defendant continued to contest the election and has won in the election. Therefore, questioning the election, the plaintiff filed the present suit for a declaration that the 5th defendant is disqualified to contest the election because of transfer order dated 12.06.2024, transferring him from Bengaluru to Ramanagara.

4. The suit was contested by 5th defendant by contending that there is no provision in the Bye-law of the 4th defendant-Association that a member who is transferred and working at some other District has no right to contest the election. He denied all the allegations made in the plaint and contended that just because he was transferred from Bengaluru to Ramanagara, that does not create a disqualification for him to contest in the election to the 4th defendant-Association since there is no Bye-law in that regard. Therefore, he was justified in filing the nomination and contesting the election and prayed to dismiss the suit.

5. The trial Court after considering the pleadings of the parties, has formulated the following issues :

1. Whether the plaintiff proves that the defendant No.5 has lost his membership in the election constituency No.4(1) i.e. Animal and Husbandry Department by virtue of transfer orders of the State Government dated 12/06/2019?

2. Whether the plaintiff further proves that, selection of 5th defendant in the election conducted on 15/06/2019 from the said constituency is null and void?

3. Whether the plaintiff further proves that he has been qualified in the said election dated 15/06/2019 from the said constituency in view of

2nd highest votes taken as sought for?

4. Whether defendant No.5 proves that, his selection in the said election is in conformity with the bye laws of the association and KCS Rules and also has been exempted from the process of transfer for a period of one term as contended?

5. Whether the plaintiff is entitled for the relief of declaration and mandatory injunction? 6. Whether the plaintiff is entitled for the relief as sought for?

7. What order or decree?

6. The plaintiff was examined himself as PW-1 and got marked documents from Exs.P-1 to P-19, which were confronted to DW-1. On the other hand, 5th defendant was examined himself as DW-1 and got marked