Decided on August 24,2007

KAILASH NATH Respondents


SANJAY KISHAN KAUL, J. - (1.) The plaintiffs have filed a suit for declaration and permanent injunction seeking the following reliefs: "1. Declaration that there is only one Sarvdashik Arya Pratinidi Sabha, i.e. Plaintiff Sabha, having presently its registered and head office in 3/5, Maharishi Dayanand Bhawan, Ram Lela Maidan, Asif Ali Road, Delhi, bearing registration No.S-11, registered with the office of Registrar Societies, Delhi, under the Societies Registration Act 1860, and none else. 2. Declaration that the claim of the defendants and their associates having been elected as office bearers of Sarvadeshik Arya Pratinidhi Sabha or its Antarang Sabha, as appearing in the news in the newspaper Daily Punjab Kesari, Delhi Edition dt.13.9.2004 or elsewhere is nonest, baseless and being so wrong, illegal, unlawful and unauthorised, and further declaration that none other than the plaintiff Sabha is entitled to use the name of Sarvadeshik Arya Pratinidhi Sabha; 3. Mandatory injunction, directing the defendants and their associates to publish in news papers showing conspicuously that the News concerning Sarvadeshik Arya Pratinidhi Sabha already published in the newspaper Daily Punjab Kesari, Delhi Edition dt.13.9.2004 or elsewhere, is false. 4. Permanent Injunction, restraining the defendants and, their associates, from using the name of the plaintiff Sabha for any purpose, whatsoever, and without prejudice to the generality of 'any purpose whatsoever', from claiming to be the office bearers or elected or nominated representatives of Sarvadeshik Arya Pratinidhi Sabha i.e.; the plaintiff Sabha. 5. Permanent injunction restraining the defendant s and their associates from interfering in the peaceful working, activities, programmes and peaceful possession and use of the properties and the assets possessed by the plaintiff Sabha and its constituent bodies. Such other and further order/orders be passed and relief/reliefs granted as the Hon'ble Court deems fit and proper. Cost of the suit be also awarded in favour of the Plaintiff and against the Defendants."
(2.) Plaintiff no.1 is a Society registered under the Societies Registration Act, 1860 since the year 1914. Plaintiff no.1 claims to be the global body of Arya Samaj, a movement founded by Maharishi Dayanand Saraswati in 1875. The plaint avers that there are 8,000 Arya Samajes and many provincial Arya Pratinidhi Sabhas of which plaintiff no.1 is the apex body. There are various properties and institutions managed by plaintiff no.1. Plaintiff no.2 claims to be the Secretary of plaintiff no.1.
(3.) The plaint states that elections are held from time to time of plaintiff no.1 Sabha. There have been apparently disputes for some time regarding such elections and in Suit No.417/1999 a learned Civil Judge, Delhi, vide an order dated 9.8.2001 appointed Election Officer Cum Administrator for conducting the elections of plaintiff no.1 Sabha. The elections were conducted on 3.11.2001 under the Election Officer Cum Administrator. Capt.Dev Rattan Arya was elected as President, Shri Vimal Wadhawan as Vice-President and Shri Ved Vrat Sharma, as Secretary apart from 32 other office bearers. The tenure of such office bearers was for a period of three years. There is a long list of achievements stated to be of the said elected body.;

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