NARAYANA T V Vs. G DEVENDRANATH

JUDGEMENT

(1.) The petitioner herein is the President for a body called 'Arya Pratinidhi Sabha, Andhra Pradesh' which is a society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (hereinafter referred to as 'The Act'). Respondents 1 to 3 are the members of the petitioner-Sabha. Under the Rules and Regulations of the said Arya Pratinidhi Sabha - The Sabha and its members are required to pay faithfully obedience to the commands of a body called 'International Aryan League'. The said League is declared under Rule 8 of the said Rules, is the Apex body of all the Arya Samajas situated in different continents of the world having its main office at Delhi. Under Regulation 12 of the Regulations of the Arya Pratinidhi Sabha, the Sabha is required to abide by all the directions and instructions given by the International Aryan League - the fifth respondent herein.

(2.) It appears that the elections to the Governing Body of the 'Arya Pratinidhi Sabha' of Andhra Pradesh were held on 9-3-1997 and the body so elected was to hold office for a term of 3 years. However, the term of the said elected body came to be extended for a period of 6 months and the said term would expire on 13-8-2000. On 13-2-2000, the Managing Committee of the said Arya Pratinidhi Sabha passed a resolution to hold the election on or before 13-8-2000 and the Secretary of the said body was authorised to hold the elections. It appears that on 16-2-2000, the Secretary issued a circular calling upon all the constituent branches of the body to send representatives by following the appropriate procedure on or before 30-4-2000. However, by subsequent circular, the same was extended to 8-7-2000 and finally upto 23-7-2000. The 5th respondent herein issued a letter dated 21-7-2000 directing the Arya Pratinidhi Sabha to suspend the process. (The further factual details may not be necessary for deciding the issue in this writ petition).

(3.) The respondents 1 to 3 herein filed O.S.No, 3721 of 2000 on the file of the learned VI Junior Civil Judge, City Civil Court, Hyderabad with a prayer as follows: