Decided on November 23,1972

Janardhan C. Upadhye Appellant
Rajni Patel Respondents


VAIDYA,J. - (1.) THE above appeal arises out of a dispute raised by the appellants relating to the election of office -bearers of the various organs of the Bombay Pradesh Congress Committee constituted under the Constitution of the Indian National Congress and the Rules of the Indian National Congress as well as the rules called 'Constitution of the Bombay Pradesh Congress Committee'. The appellants have filed Suit No. 10336 of 1972 in the Bombay City Civil Court on November 20, 1972, seeking leave to institute that suit on behalf of the numerous 'active members' of the B.P.C.C. and praying for an injunction restraining the defendants, who are the office -bearers of the B.P.C.C, from proceeding with the proposed organizational election to the B.P.O.C. commenced from November 21, 1972.
(2.) THE plaintiffs -appellants have challenged the organizational elections on throe grounds: (1) that the permanent register required to be maintained under Rule 2 framed under Article VI of the Constitution of Indian National Congress was not maintained in accordance with the rule because (a) the date of enrolment as active members, (b) serial number of the active membership enrolment form, (c) date of enrolment as primary member, (d) serial number in the primary membership register, and (e) the date of payment of renewal subscription were not shown in the register. Plaintiff No. 1 had filed objections to the entry of names of sixty -eight persons as the sixty -eight persons were not qualified to be active members of the Indian National Congress for one or the other of the reasons mentioned in the objections a proforma of which is annexed to the plaint at exh. 'C' which runs as follows: To The President, Malad Ad -Hoc District Committee, Goregaon, SUB: OBJECTIONS TO THE ACTIVE WORKER Sir, As directed by the B.P.C.C. vide its circular dated 21st September 1972, I am filing my following objections and claims before you, which are taken without prejudice to one another and alternatively. I request your goodself to forward my objections and claims to the scrutiny committee appointed for the purpose. I also request you to dispose of the objections in my presence by giving me personal hearing. I demand inspection of the Original membership Books. OBJECTIONS OF CLAIMS: 1. That he is not a primary member for 365 days prior to his enrolment as an active worker. 2. That he is not a Khadi wearer. That he is a permit holder (Liquor and/or wine).
(3.) THAT he cannot be an active worker as he has not enrolled 25 clear members excluding himself.;

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