ON

04.08.2023

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

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

Civil Procedure praying this Court set aside the order

dated:19.06.2023 passed by the court of IX Additional City Civil

and Sessions Judge at Bengaluru (CCH-5) on IA No.1 in OS

No.3542/2023.

2. The factual matrix of the case are the appellant before

the Trial Court in O.S.No.3542/2023 that, first plaintiff is an

association formed and duly registered under the provisions of

Karnataka Society's Registration Act registered as number

356/71-72 and the second plaintiff is the present president of

the first plaintiff Association. The Bye Laws of the Association are

framed for democratic, proper and effective administration of the

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Association. It is contended that, functions and administration of

the association is carried on in consonance with the Bye Law of

the Association. Rather, Bye Law works as guiding principles for

the Association. The first plaintiff Association is formed for the

upliftment and welfare of the Primary School Teachers in

Karnataka and said Association is recognized by the Government

of Karnataka vide DPAR No.4 SRC 82, Bengaluru first plaintiff is

represented by its elected president i.e., the second plaintiff. The

term of the office of president is also for five years and elections

to the said office is said 29.12.2020 and present president would

continue till December 2025. It is contended in suit that, all acts,

deed and things should be in consonance with Bye Laws framed.

Similarly the elections to the office of the State, District and

Taluk levels needs to be in accordance with the Bye Laws. The

plaintiff's Association is formed through election procedure as

mentioned in the Bye Law Rule 16(A) of the Association and the

office bearers consisting of nine members from each Taluk

Committee and consisting of nine members from each District

Committee and consisting of nine members from the State

Committee will be elected by way of election, all the elections

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will be held simultaneously for every five years. The elections for

the period 2020-25 was held to the State Executive Committee

on 29.12.2020 and the second plaintiff was unanimously elected

as President for five years which will end by December, 2025. It

is contended that, defendants Nos.1 to 8 are elected members of

the State Executive Committee for a period of five years from

2020-2025. From amongst these elected nine persons to the

State Executive Committee, the President is elected and similarly

to the other posts also and second plaintiff is exercising his right

and power as the President of the first plaintiff's Association from

the date of election. It is contended that, having read the Bye

Laws, it manifest that, until he resigns or promoted to higher

post or is dead, he would continue to be the President. In the

absence of the same, the remaining members do not have any

authority to act against Bye Laws or remove the President. Such

being the fact, the defendant No.1 illegally and without any

authority started to portray himself as the President of the

Association in the Social Media and other platforms in collusions

with some of the defendants herein. The act of the first

defendant is in violation of the Bye Laws of the Association

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particularly Clause 6(r) of the Bye Laws of the Association. It is

also contend that, first plaintiff has not received any notice of

termination nor any resolution of the meeting by the Committee

in respect of the alleged propaganda of the first defendant. On

the other hand no notice is served on the said working President.

Notice is sine qua non for a fair hearing and hence the second

plaintiff continues to be the President of the first plaintiff's

Association. It is also contend that, plaintiffs have lodged the

complaint against first defendant and his associate before the

Deputy Registrar of the Societies and also with the jurisdictional

Police, whereas the Deputy Registrar h