- (1.) In a civil suit challenging the election of the office-bearers of Shri Rajput Sabha, the plaintiff Thakur Mohan Singh, moved an application under Order 39, Rules 1 and 2, CPC. Learned Additional District Judge No. 1, Jaipur City vide order dated January 11, 2002 allowed the application in part and granted temporary injunction in the following terms : (i) Defendant Nos. 2 to 22 be restrained from Operating and controlling the bank accounts, properties and cash belonging to Shri Rajput Sabha without the consent and approval of Brigadier Bhawani Singh, the permanent President of Shri Rajput Sabha till the decision of the civil suit or completion of the term of the executive whichever is earlier. (ii) In the event of non-cooperation by the defendant Nos.2 to 22 the permanent President of Shri Rajput Sabha shall be at liberty to constitute an ad hoc Committee under S.9(1) of the Constitution of Shri Rajput Sabha and to conduct the fresh elections within a period of three months in the larger interest of Shri Rajput Sabha. The plaintiff as well as the defendant Nos.2 to 22 have preferred the instant Misc. appeals impugning the aforequoted order of the learned Court below.
(2.) In the pleadings the plaintiff averred as under- (i) Shri Rajput Sabha is a registered Society, which was registered with the Registrar of Societies, Rajasthan, Jaipur at S. No. 194/1971-72 on 8-10-1971. Its constitution was also registered with the above authority. In the year 1993, amendments were made to its constitution and the same were passed by its General Body on 11-4-1993. Shri Rajput Sabha was constituted for the security and well being of the interests of Rajput Community of Rajasthan. The building and land presently known as Rajput Sabha Bhawan was made available to Shri Rajput Sabha by the then Maharaja of erstwhile Jaipur State late Sawai Man Singhji. He demised on 24/06/1970 and after him his son Brigadier Sawai Bhawani Singh was recognised as Maharaja of erstwhile Jaipur State and to this effect Notification dated 12/07/1970 was issued by the Hon'ble President of India under the written constitution of Shri Rajput Sabha and Maharaja Sawai Bhawani Singh has been invested with the highest position in Rajput Sabha. Under clauses 6, 8, 9 and other clauses of the written constitution of Shri Rajput Sabha he has been given the superior most position and authority of permanent President and it has been ordained therein that in order to safeguard the interest of Shri Rajput Sabha and its assets and property as well as the interest of Rajput Community he shall have the authority to take all suitable steps as he deems proper from time to time. In the above written constitution there is provision for permanent President and 21 Members of Executive, which shall include One Working President, One Deputy Chairman, One General Secretary, One Organising Secretary, One Assistant Secretary and One Treasurer. It is provided in the above written constitution itself that the above Permanent president shall remain in authority throughout his life without any election and the other office-bearers of the Executive of Shri Rajput Sabha shall be elected from time to time in terms of the constitution. (ii) It is also provided in clause 6 of the constitution of Shri Rajput Sabha that the General Body of Shri Rajput Sabha shall consist of all the Members of Shri Rajput Sabha. In clause 7 there is provision for a Central Council with its representative also. In short, there is a provision for different tier of units of the organisational set up of Shri Rajput Sabha. At the District level there is provision for the District Councils and the Council of Shri Rajput Sabha shall consist of representatives duly elected /nominated by the above District Units. In the year 1998 rules were also framed by Shri Rajput Sabha for the extension of organisational setup of Shri Rajput Sabha whereby provision of village units, town units, Tehsil units etc. were also made. (iii) The plaintiff, is the Life Member and voter of Shri Rajput Sabha and he has got right to see that the affairs of Shri Rajput Sabha are run according to its written Constitution in a proper and legal manner. In the elections which were held in the year 1995, for electing Executive and office-bearers of Shri Rajput Sabha, the defendant No.2 Narendra Singh Rajawat was elected as Working President. In the constitution there is provision for election of Executive and Office-bearers after every 3 years. Again elections were held after the expiry of 3 years duration on 19-4-1998 and Shri Narendra Singh Rajawat was elected as working President of Shri Rajput Sabha, Shri Girraj Singh Lotwara, defendant No. 4 was elected as General Secretary of Shri Rajput Sabha. Defendants 2 and 4 and others began to misuse the money in the Bank account, assets and property of Shri Rajput Sabha and the then Treasurer of Shri Rajput Sabha Shri Devi Singh opposed the above persons who misused the same. The then above Treasurer Shri Devi Singh submitted report dated 20/02/2000 to the Members of the Executive of Shri Rajput Sabha and complained to them in writing that defendants 2 and 4 were not permitting him to do the functions of Treasurer, whereas under the constitution Treasurer had got the authority in all the financial matters. It was also complained that the incomes of Shri Rajput Sabha were not being deposited in Bank account and there were misuses of cash money received and Accountant did not obey the instructions of the then Treasurer. It was also complained that defendant No. 4 who was the then General Secretary of Shri Rajput Sabha opened personal Bank account in his own individual name in ICICI Bank, Jaipur and he deposited cash amounts which were on account of the funds of Shri Rajput Sabha. In short, the then Treasurer Shri Devi Singh sent detailed report to Maharaja Sawai Bhawani Singh, who is permanent President of Shri Rajput Sabha, who ordered for an enquiry in the above matter through Life Member of Shri Rajput Sabha Shri Guman Singh, retd. IAS. After making proper enquiry, Shri Guman Singh came to the conclusion that there were misuses and embezzlement of the amount of Shri Rajput Sabha and he submitted his report to the permanent President, who in exercise of his superior most inherent and sole residuary power ordered to suspend defendant No. 2 Narendra Singh Rajawat from the post of working President and defendant No. 4 Girraj Singh Lotwara, from the post of General Secretary by passing order dated 1/07/2000 and by the same order the permanent President ordered them to deliver their charge to Deputy Chairman Shri Devendra Singh, however, he refused to take over any charge frodm them. (iv) In spite of their suspension, defendants 2 and 4 continued to discharge the functions of working President and General Secretary in utter disregard and disobedience of order dated 1/07/2000 of the permanent President and as such order dated 12/07/2000 had to be passed by the permanent President to the effect that defendants 2 and 4, who have been suspended shall not call any meeting of the Executive and if in spite of that order they will discharge any functions, the same shall be treated to be utter violation of the constitution of Shri Rajput Sabha. After the passing of the orders dated 1/07/2000 and Jul 12/07/2000 by the permanent President defendants 2 and 4 legally became devoid of all the powers and it was not open for them to discharge any functions of their so-called posts, however, they continued to show themselves working on the above posts and discharged various functions including the operation of the Bank accounts in utter disregard and disobedience of the above orders of the permanent President. As such the permanent President issued letters to the Banking Lokpal as well as to the Banks in which accounts and money of Shri Rajput Sabha was kept, but in spite of that defendants 2 and 4 continued to operate the Bank account and they did not get closed the Bank account which were opened in ICICI Bank in the name of defendant No. 4. (v) On 28/08/2000 late Shri Guman Singh, retd. IAS who was Member of Shri Rajput Sabha lodged FIR No. 270/2000 for offences under Ss. 467, 468, 471 and 409 read with S. 120 B, IPC with Police Station Vidhayakpuri, Jaipur. (vi) In short after issuing of the above orders, defendants 2 and 4 did not have any authority to show their working on their posts or to call for any meeting of the Executive or to hold and proceed meetings or to record any decisions /resolutions in the minute book or to operate the Bank accounts or to take any decision for further and future elections or to appoint any body as Election Officer or to publish the voters' list or to order for getting the elections of the units of Shri Rajput Sabha made or to give any information in any news paper or to declare and hold elections etc. yet in spite of the same, defendants 2 and 4 continued to discharge all the above functions in utter disregard and disobedience of the orders of the permanent President. Holding of elections etc. were within the domain of the functions of Organising Secretary and Shri Raghu Nath Singh Bankawat was duly working on the above post. (vii) The plaintiff filed civil suit for perpetual injunction along with application for temporary injunction which was registered as Civil Misc. Case No. 1/2001 and disposed of by order dated 13/04/2001 by the learned Additional Civil Judge (Junior Division) No. 5, Japipur city for the relief that defendants 2 and 4 and others may be restrained from getting the elections held, however, the learned Court came to the conclusions that the illegalities which were being committed by them could be challenged after the holding of elections by way of filing election petition and with the above observation application for temporary injunction was dismissed. (viii) The elections of the Executive and Office-bearers of Shri Rajput Sabha were got illegally and unauthorisedly held by defendants 2 and 4 and others on 15/04/2001 and defendants 2 to 22 were shown to have elected therein.
(3.) The defendant Nos. 2 to 22 in the reply denied the allegations and averred that they are duly elected office-bearers and members of the Executive Committee of Shri Rajput Sabha in the election held in most democratic manner on 15/04/2001 and that the plaintiff himself took part in the election, did caste his vote and acquiesced to the election process. The defendant No. 2 after his election as working President in the year 1995 was again elected for the next term of three years on 19-4-1998 by thumping majority. In the election held on 15/04/2001 he was again elected as working President. The defendant No. 4 was also elected as General Secretary in the election held on 19/04/1998 and on expiry of term (of) three years, was again elected as General Secretary in the election held on 15/04/2001. The Executive Committee with the office bearers and members thereof as election on 19/04/1998 had every right, rather were under obligation under the constitution of Shri Rajput Sabha to serve Shri Rajput Sabha and the community at large for the full term of three years. It is for the Executive Committee to manage the affairs of Shri Rajput Sabha with regard to all its activities including the election of its office-bearers. The permanent President, if there be any, has no right to sit over the wisdom of the Executive Committee, which is representative body of the members of Shri Rajput Sabha constituted for the purpose of administering and looking after the affairs of Shri Rajput Sabha. There could be no permanent President of the Sabha after amendment of the Constitution of India. Otherwise also the permanent President, if any, has no right to displace the duly elected office-bearers or members of the Executive Committee, who perform their function in collective wisdom after their election in democratic manner and the Executive Committee is the paramount body to manage the affairs of Shri Rajput Sabha and its properties, assets etc. Under the Act of 1958, the property of the Society is vested in the Managing Committee of the Society. The defendants denied that there was any misappropriation of the fund. The Executive Committee maintains books of account in regular course and the transactions have been operated through the Bank account with authentic cash book, ledger book maintained for that purpose. There is regular audit of the income and expenditure as also of the account of Shri Rajput Sabha. Shri Devi Singh was suspended from the Executive Committee for working against the interest of Shri Rajput Sabha as per the resolution of the Executive Committee dated 13/07/2000. The order dated 1/07/2000 of the so-called permanent President suspending the defendants 2 and 4 was without authority of law. The permanent President, if any, could not suspend the duly elected office- bearers of the Executive Committee against the wishes of the community and general members of Shri Rajput Sabha. The provisions of Article 9(1) of the constitution of Shri Rajput Sabha has been wholly misread and misconstrued by the plaintiff. It does not empower the permanent President to disturb the functioning of the duly elected office-bearers of the Executive Committee. In fact, the permanent President is a symbolic post. Under Article 8 of the Constitution of Shri Rajput Sabha, it is the Executive Committee of Shri Rajput Sabha, which is full and complete representative body to serve, safeguard and protect the interest of all the members of Shri Rajput Sabha.;