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Judgment
The plaintiff/appellant is aggrieved by the order of the learned Civil Judge (Senior Division) dated 11.4.2017 when the suit for injunction along with the application seeking ad interim injunction therewith was moved and the learned Court without mentioning any reason much less cogent refused to pass any order without issuing notices to the defendants. On the aspect of mentioning the reason, the Court is of the view that although the Court below was at its freedom not to grant ad interim injunction, but for the same, it should have manifested some reasons in order to evince that the Court applied its mind so that not to find a suitable case for denying the issuance of ad interim injunction.
In such suit no. 174/2017, the order of respondent no. 1 was under challenge.
Having heard the learned counsel of the plaintiff/appellant, it transpires that the whole of the Indian Territory is divided in the rotary districts for the purpose of running of clubs of the institution. We are concerned that the rotary district bearing no. 3080
comprising whole of the Punjab, Haryana, Himachal Pradesh and part of the Uttarakhand having its office in the Dehradun City. For every rotary district there remains a Governor whose term runs for a year beginning w.e.f. 1st July, 2017 to 30th June of the next year.
The present controversy pertains to the term of the District Rotary Governor w.e.f. 01.7.2017 to 30.6.2018, wherefor the elections are conducted two years before. As a result of the elections so conducted across the district bearing no. 3080 Mr. D.C. Bansal-plaintiff (resident of Dehradun) and Mr. T.K. Ruby (resident of Panchkula, Haryana, who has not been impleaded as a party), each of them, could secured 39-39 votes from the electorates, so there was a tie up between the two. As per the constitution of Rotary International, under the relevant articles 5.040.2, 14.040.2, 14.040.3 and other relevant provisions, the outgoing Governor Mr. David Hilton appointed Mr. D.C. Bansal as the nominee of the outgoing Governor. Pursuant to such nomination, the name of Mr. Bansal could get the endorsement for all other procedures including the global conferences and the publication in the concerned directory displaying his persona as the District Governor of Rotary District 3080 for the term 01.7.2017 to 30.6.2018.
Mr. Bansal was shocked when the defendant/respondent no. 1 removed him without rendering any opportunity of hearing much less 60 days notice as envisaged under the article 5.040.2, and the office of the District Rotary Governor was declared vacant. In addition to, the respondent no. 1 appointed Shri Praveen Chandar (resident of Chandigarh) to serve as Acting Governor, elected for this rotary district.
The Court is not inclined to express the reasons lest it may affect the merits of the injunction application by the learned Trial Judge, but at the same time, feel that in the facts and circumstances, as indicated above, there would have been some cause to accept the prayer of issuance of ad interim injunction in favour of the plaintiff.
In view of what has been set forth above, I stay the operation of the order dated 27.01.2017, passed by respondent no. 3-Rotary International Board and order dated 30.01.2017, passed by the same Authority.
I dispose of this appeal with the direction to the learned Trial Judge to adjudicate the injunction application up to the month of May, 2017, wherefor, plaintiff shall ensure the service upon all the respondents/defendants within a week, may it be dasti to expedite such service.
It is hereby made clear that the plaintiff shall cooperate the learned lower court even if such court conducts its hearing day-to-day, and no adjournment shall be granted at the asking of the plaintiff.