S. Sukumara Civil Suit

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

INDEX S.NO 1.

PARTICULARS Memo of Parties

C.FEE

2.

Suit For Declaration, Permanent And Mandatory Injunction on behalf of the plaintiffs plaintif fs alongwith supporting affidavits

3

ANNEXURE-P-1 Copy of Registration Defendant no.1

Certificate

of

4.

ANNEXURE-P-2 Copy of Memorandum of Association of the defendant no.1

5.

ANNEXURE-P-3 Copy of  Bye-Laws of the defenda defendant nt no.1

6.

ANNEXURE-P-4   ANNEXURE-P-4  Copy of Rules of the defendant no.1

7.

ANNEXURE-P-5   ANNEXURE-P-5  Copy of Ministry Letter dated 06.09.2013

8.

ANNEXURE-P-6   ANNEXURE-P-6  Copy of the Agenda dated 09.06.2017

9.

ANNEXURE-P-7   ANNEXURE-P-7  Copy of Minutes 09.07.2017

of

Meeting

dated

PAGES

 

10.

Application Under Order 39 Rule 1 & 2 R/W Order 39 Rule 10 Section 151 CPC For Grant Of Ad-Interim Injunction on behal behalff of the plaintiffs alongwith supporting affidavits

11.

Applica Application tion Section 91(b) CPC on behalf of the plaintiffs alongwith supporting affidavits

12.

Application Section 80 (2) CPC CPC  on behalf of the plaintiffs  plaintiffs  alongwith supporting affidavits   affidavits

13.

Applica Application tion Section 75 R/w Order 40 (1) CPC on behalf of the plaintiffs alongwith supporting affidavits

14. 15.

Address Form Vakalatnama

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

MEMO OF PARTIES 1.  SH. K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, NEW DELHI-110055 2. SH. SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA R/O 4-K.N. CHATARJEE STREET BELURMATH BELURMATH,, HOWRAH, WEST BENGAL-711202 3. SH. AMOD KUMAR SINGH S/O SH. NARENDER SINGH R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101 … Plaintiffs

Versus 1. BHARAT SCOUTS & GUIDES THROUGH ITS DIRECTOR NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 2. DR. ANIL KUMAR JAIN PRESIDENT OF BHARAT SCOUTS & GUIDES  GUIDES   NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002

 

3. DR. K.K. KHANDELWAL CHIEF NATIONAL COMMISSIONER OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 4. SH. RAJ KUMAR KAUSHIK DIRECTOR OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  5. PRESIDENT IN COUNCIL THROUGH ITS SECRETARY GENERAL Namely Sh. P.G.R. Sindhia National HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 6. SMT. GEETHA NATARAJ (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  7. SMT. VIMLA MEGHWAL (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  8. SMT. KIMPI PAKAM (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  9. SH. S.N. SHARMA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  10. SH. K.P. MISHRA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 11.  SH. ASHOK ARGAL (Vice President Bharat Scouts & Guides)

 

NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  12. MINISTRY OF YOUTH AFFAIRS & Sports THROUGH THROUG H ITS SECRETARY OF YOUTH AFFAIRS, ROOM NO.1, C-WING, SHASTRI BHAWAN, NEW DELHI- 110001 13. REGISTRAR OF SOCIETY/SDM (Headquarter) 14, DARIYAGANJ, DELHI ….Defendants   ….Defendants

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:1.  SH. K. SUKUMARA  SUKUMARA  FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, NEW DELHI-110055 2. SH. SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA R/O 4-K.N. CHATARJEE STREET BELURMATH BELURMATH,, HOWRAH, WEST BENGAL-711202 3. SH. AMOD KUMAR SINGH S/O SH. NARENDER SINGH R/O SAHITYA SAMAJ ROAD, HAMIDG HAMIDGANJ, ANJ, DALTONGANJ, PALAMU JHARKHAND-822101 … Plaintiffs Versus 1. BHARAT SCOUTS & GUIDES THROUGH ITS DIRECTOR NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 2. DR. ANIL KUMAR JAIN PRESIDENT OF BHARAT SCOUTS & GUIDES  GUIDES   NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 3. DR. K.K. KHANDELWAL CHIEF NATIONAL COMMISSIONER OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 4. SH. RAJ KUMAR KAUSHIK DIRECTOR OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002 

 

5. PRESIDENT IN COUNCIL THROUGH ITS SECRETARY GENERAL Namely Sh. P.G.R. Sindhia National HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 6. SMT. GEETHA NATARAJ (Vice President President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  7. SMT. VIMLA MEGHWAL (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  8. SMT. KIMPI PAKAM (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  9. SH. S.N. SHARMA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  10. SH. K.P. MISHRA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 11.  SH. ASHOK ARGAL (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  12. MINISTRY OF YOUTH AFFAIRS & Sports THROUGH THROUG H ITS SECRETARY OF YOUTH AFFAIRS, ROOM NO.1, C-WING, SHASTRI BHAWAN, NEW DELHI- 110001 13. REGISTRAR OF SOCIETY/SDM (Headquarter) 14, DARIYAGANJ, DELHI …. Defendants  Defendants 

 

SUIT FOR DECLARATION, PERMANENT AND MANDATORY INJUNCTION ON BEHALF OF THE PLAINTIFFS

Most Respectfully Showeth:1. 

That the plaintiffs are peace loving and law abiding citizen of India and also associated with the affairs of the scouts since long time and sincerely, diligently served scouts with their best ability and skills and fully aware with the running of the scouts activities. The plaintiffs are public spirited person and the th e plaintiffs are filing the present suit in the interest of public at large and to make ensure that the society establish under the Society Registration Act’ 1860 may be managed governed, controlled, administered by its official bearers strictly according to the memorandum of the association of the society and bye-laws, rules and regulations

mentioned

in

the

memorandum

of

association and to make ensure that the public funds, management and resources and financial aid may not be used by the official bearers for satisfying their personal benefit, advantage, gain and interest and to make ensure that the funds and resources should be utilized for for promoting and attaining object and aim aims s of scouts

and

guides

activities

in

the

manner

of

democratic system and to make ensure that only the lawful body constituted as per the rules and regulations of

the

society

may

be

managed,

control

and

administered day to day affairs of the society and the plaintiffs

are

fully

aware

with

the

facts

and

circumstances of the present case and the plaintiffs are filing the present suit without any kind of malice and

 

filing the present suit with bona-fide and honest intention in the interest and betterment of public at large. 2. 

That the defendant no.1 is a society registered under the provisions of Society Registration Act’ 1860 and its registered No. S462 of 1950-1951 and its having the registered office at NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002. The defendant no.1 being the juristic personality has been impleaded through its director who is managing and controlling the day to day affairs of the defendant no.1 and as per the statutory Rules and Regulations of the Defendant no.1, the defendant no.1 one may sue and be ensued through its director. The defendant no.2 to 11 are claiming themselves the officials official s bearers of the defendant no.1 and appointment of defendant no.2 to 11, the appointment of the defendant no.2 to 11 are legally null and void and nonest in eyes of law and contrary to the rules and regulations of the defendant no.1 and they are illegally and unlawfully holding the post and managing and controlling the day to day affairs of the same without any authority of law and the defendant no.2 to 11 are impleaded implead ed as necessary parties for deciding the matter in issue in a just fair and equitable manner. Copy of Registration Registratio n Certificate of Defendant no.1 is annexed as ANNEXURE-P-1   ANNEXURE-P-1

3. 

That the defendant no.1 is voluntary, non-political, educational moment, for young people, open to all without distinction of origin, race or creed in accordance with the purpose, principle, method conceived by the

 

Founder Lord Baden-Powell in 1907, the purpose of the defendant no.1 is contribute to the development of young

people

in

achieving

their

full

physical,

intellectual, social, emotional, and spiritual potentials as individuals, as responsible citizens and as members of the local, national and international communities. 4. 

That the defendant no.1 is based on the Principles Adherence to spiritual principles, loyalty to the religion that expresses them and acceptance of the duties resulting there from and duties to other loyalty to one’s country in harmony with the promotion of local, national

and

international

peace,

understanding

cooperation,, Participation in the development of society cooperation with recognition and respect for the dignity of one’s fellowmen and for the integrity of the natural world. 5. 

That the defendant no.1 is affiliated to the World Organization of Scout Movement (WOSM) and World Association of Girl Guides and Girl Scouts (WAGGGS). Copy of Memorandum of Association is annexed herewith as ANNEXURE-P-2 ANNEXURE-P-2 and  and Bye-Laws is annexed as ANNEXURE-P-3 ANNEXURE-P-3,, Rules and Regulations is annexed as ANNEXURE-P-4 ANNEXURE-P-4..

6. 

That the defendant no.12 no .12 is body and instrument of the State and the defendant no.12 impleaded through its Secretary and the defendant no.12 is disbursed the financial assistance, grants and aids to the defendant no.1 for running its activities and defendant no.12 revised time to time terms and conditions to avail the grants in aids b by y the d defendant efendant no.1 and others akin organization manner and utilizations of the funds by

 

obeying

and

regulations

following

and

election

its and

bye-laws, guidelines

rules and

and the

defendant defenda nt no.1 is bound to obey the condition imposed by the d defendant efendant no.12 time to time time..

Copy of Mi Ministry nistry

Letter dated 06.09.2013 06.09.2013 is annexed as ANNEXURE-P5. 7. 

That the defendant no.13 is regulatory body which is under statuary legal obligation and responsibility to make ensure that the defendan defendantt no.1 shall adhere and observed their rules and regulations, bye-laws as mentioned in the Memora Memorandum ndum of Association.

8. 

That as per the Rules 10 (4) (a) its provided in rules of the defendant no.1 prior to 09.07.2017 to state that “if “if the defendant no.1 convened Special Meeting of the National Council other than a Special Meeting for the purpose of Section 12 of the Societies Registration Act may be convened either by the Chief National Commissioner or the National Executive Committee in consultation with the President for transaction of specified business business”. ”.

  9.

That on 09.06.2017, the then director of the defendant no.1 under illegally and unlawfully and deliberately, willfully, willful ly, knowingly and intentionally intentionally ignoring the rules and regulations of the defendant no.1 had convened the Special Meeting of National Council on 09.07.2017 at Delhi through Agenda Notice Reference No. D-31/896/2017, dated 09.06.2017 the agenda contains the following programme: 1.  Confirmation of the Minutes of the last National Council Meeting held on 27.11.2016.

 

2.  Business Arising (Action Taken Report) 3. Any  Any other matter with the permission of the Chair. The said agenda did not contain showing any discussion d iscussion regarding subject matter of amendment, deletion, variation, alternation alternation in statutory rules and regulations and bye-laws of the defendant no.1. Copy of the Agenda dated 09.06.2017 is annexed as ANNEXUREP-6.. P-6 10.  That Rules No. 12 of the defendant no.1 discussion about the president as following: (1)

The President shall be elected by the National Council from among the citizens of  India who subscribe to the Aims a and nd Objects of the Association.

(2) The President shall hold office for Five Years or for the duration of the National Council, as the case may be, provided, however, he/her successor is elected. (3) The President shall preside over the meeting of the National Council. (4) In the event of a vacancy in the office of the President, the Vice-President, senior by age  shall act as until aofnew is elected forPresident the remainder the president term. 11.  That statutory rules and regulations and bye-laws of the defendant no.1 as mentioned in Rule No. 28 of byelaws makes a provisions for amendment, addition, deletion and alteration of the rules and bye-laws of Memorandum

of

Association

or

other

statutory

provisions of the defenda defendant nt no.1: “28 The Rules Committee, (1) the Rules Committee shall consist of the Chief National Commissioner, the National Commissioners of

 

Scouts and Guides, the Deputy National Commissioners of Scouts and Guides, Director,  Joint Director (Supp (Support ort Service) Joint Directors of Scouts and Guides (Operations), Deputy Director of Scouts Guides Deputy Director ofand Scouts and(Leader Guides Training), (boy/girl Programmes), the Deputy Director of Scouts and Guides (Projects). Six Leader Trainers one each from Cub, Scout, Rover, Bulbul, Guide and Ranger Sections, Two Youth Committee representatives and such other members as may be nominated by the National Executive Committee on the recommendations of the Chief National Commissioner. (2) the Chairman of the Rules Committee shall be nominated by the Chief National Commissioner. (3) the director shall be the secretary of the Rules Committee. (4) all suggestions of amendments, additions, deletions and alternations of the Rules of the Bharat Scouts and Guides, A.P.R.O. Part-1, Part II and Part-III or the bye-laws of the Bharat Scouts and Guides, sue moto of the suggestions received from the members of the Rules Committee or the State Associations or the members of the National Council-these shall be first considered by the Rules Committee shall make its recommendations thereon to the National Executive Committee.” 12.  That Rule 30 (12 and 13) of Power and Function of Executive Committee of Bharat Scouts and Guides is reproduce here: (12) to frame the Rules of the National  Association, the State Association Associations, s, the District or Divisional Associations, the Local Associations and the Group Organizations and the Rules and  A.P.R.O.s and make addition additions, s, deletions, amendments and alterations thereto subject to the approval of the National Council;

 

(13) to frame the Bye-Laws of the National  Association, with such modifica modifications tions as may be necessary subject to the approval of the National Council; Note-the National Executive Committee may refer the suggestions for the amendments, additions, deletions and alterations of the above to the Rules Committee for its examinations and recommendations. 13.  That

Special

Meeting

of

National

Council

dated

09.07.2017 was not convened by the authorized and competent person i.e. the then director of the defendant no. 1 as the provision of convened the Special Meeting of National Council as per Rules 10 (4) either by Chief National Commissioner or the National Executive Committee, in consultant with the president for transaction in specify business so the convened alleged Meeting dated 09.07.2017 is legally null and void and nonest in eyes of law and in gross violation of the bye-laws of the defenda defendant nt no.1. 14.  That on 09.07.2017 a Special Meeting of National Council held at Delhi at its National Headquarter, the defendant no. 2 to 11 while acting in collusion and connivance with each other and under the well planned design conspiracy to satisfy their personal vested interest

and

to

have

a

full

control

over

the

management, administration of the affairs of the defendant no.1 had taken the decision to confer the whole power in one person i.e. the defendant no.2 and the

defendant

no.2

to

11

deliberately,

willfully,

knowingly and intentionally flagrantly violated and breach the statutory rules and regulations of the defendant defenda nt no.1 and the defendant no.2 to 11 acting in

 

a highly illegal and unlawful manner ignoring the byelaws of the society had formulated the defendant no.2 despite of the fact causing the amendments in the statutory rules and regulations and bye-laws of the defendant defenda nt no.1 was not subject matter of Agenda dated 09.06.2017 and even the proposed amendment in the rules and regulations of the defendant no.1 were not circulated, air and published publishe d among the members of the defendant no.1 and also did not place before the rule committee and the members were not aware about the decision of the defendant no.2 to 11 for acting in a highly arbitrary manner and causing material and substantive

alteration

and

modification

and

amendment in the rules and regulations of the society by constituting a illegal and unlawful different body under the name of president in council and the said body is legally null and void and nonest in eyes of law and the does not have any lawful power, authority and legal right, title and interest to manage, control, administer the day to day affairs and business affairs of the defendant no.1 and their all decision taken by the defendant defenda nt no.2 to 11 after their illegal a and nd unlawf unlawful ul constitution is illegal, illegal, legally null and v void oid and contrary to the rules and regulations and bye-laws of the defendant no.1 and they are illegally and unlawfully managing and controlling the affairs of the defendant no.1 and taking all the decisions which is not having any force of law and having any binding effect upon the defendant no.1 and the defendant no.2 to 11 were under a statutory legal obliga obligation tion and responsib responsibility ility to comply with the rules and regulations of the defendant no.1 by following the procedure laid down in respect of

 

causing any amendment in the rules and regulations of the society and that procedure and law was totally willfully deliberately and intentionally ignored by the defendant no.2 to 11, so that they may have the full supervision supervisio n and control over the financial matter of the defendant defenda nt no.1 and the financial funds and resources of the defendant no.1 may be utilize utilized d and appropriated as per their vested interest, desire and wishes and the whole body is a mala-fide device and design to control the affairs of the defendant no.1 in a illegal and unlawful manner and for diverting the funds and resources of the defendant no.1 for their vested interest and all the power was confer upon the president in council

instead

of

conferring

upon

the

National

Executive Committee which is already existence and operation and in this way all the democratic process in respect of management, control and administration of the defendant no.1 has become despotic in nature and all the power has been concentrated and confer upon one body i.e. the defendant no.2 to satisfy sa tisfy their illegal and unlawful motive, design and purposes and object and aim of the defendant no.1 has become frustrated and totally illegal and unlawful body which is not having the sanctity and force, power, authority and support of the statutory rules and regulations and bye-laws of the t he defendant no.1, the principle of natural justice, equity and good conscience, fair play in action transparency and democratic spirits, demands that the affairs of the defendant no.1 should be managed, controlled and administered

by

the

lawful

and

statutory

body

constituted strictly according to the bye-laws of the defendant no.1.

 

15.  That the defendant no.4 is claiming himself to be the appointed director of the defendant no.1 appointed by defendant no.3 is facing the criminal charges in FIR NO. 131/2017, 131/20 17, U/s 3(1), R again 3 (1) W (III), 3 (2) (V (V-A) -A) SC and ST Act, IPC 506 and Information Technology Section 67 lodged at P.S. I.P. Estate, Delhi and as per the Rule NO. 4.3 (1) of the defendant no.1  no.1  if any member is found guilty in criminal offence, involving moral

turpitude,

his/her

membership

shall

be

terminated and any award/privilege shall be withdrawn and the defendant no. 4 is involved in the aforesaid case despite the facts he claimed himself to be director of the Bharat Scouts and Guides. 16.  That prior to 09.07.2017 there was no such alleged body of president in council was in existence in the rules and regulations of the defendant no.1, the defendant no.2 to 11 had confer the power of National Executive Committee of the defendant no.1 upon the defendant no.2 to 11 under the supervisor of the defendant no.2 whereas earlier occasion the defendant no.2 de-facto guardian and was having the power to preside over the National Council Meeting and in this manner the defendant no.2 to 11 has caused material and substantial alteration in the decision making power of the defendant no.1 and following illegal and unlawful amendment contrary to the rules and regulations have been framed i.e. RESOLUTION-1 1. Power and functions of the President

 

Notwithstanding anything contained in the Rules of the Bharat Scouts and Guides, National  Association. (a)  The President may take Suo-Mottu cognizance of any decision taken by any authority office bearer and official of Bharat Scouts and Guides, national Association, its committees or bodies or affiliated associations and may pass interim orders as deem fit President may suspend, modify, alter or annul such decisions on the recommendations recommenda tions of President-In-Council. President-In-Council. (b)  The president may issue any directions in the Internet of the organization to any authority, officer bearer and official of Bharat Scouts and Guides, National  Associations its committees or bodies or affiliated associations and such directions  shall be binding binding.. Generally such directions  shall be on the recommend recommendations ations of the President-In-Council. (c)   Any person aggrieved by an order made by the Chief National Commissioner, Bharat Scouts and Guides, within thirty days from the date on which the order is communicated to him, prefer an appeal to the President, Bharat Scouts and Guides. Provided that the President may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time. The president may refer the appeal to the President-In-Council, if considered necessary and on the recommendations of the President In-Council, may decid decide e the appea appeal. l. (d)   In case of emergent situations, situations, the President may take appropriate decision and or steps as deem fit including appointment

 

of Administrator/Board of Administrator on arising vacancy in the office of Chief National Natio nal Commissioner. (e)   All appointmen appointments ts in the Bharat Scouts and Guides, National Headquarters and its branches of offices shall be made after prior approval of the President. (f)   All Warrants of Appointm Appointments ents shall be issued in consultation with the President-InCouncil. The above Resolution was seconded by Smt. Geetha Nataraj, State Commissioner (G) of Karnataka State Bharat Scouts and Guides. Thereon Shri Dinkar Burathoki, State Chief Commissioner of Himachal Pradesh State Bharat Scouts and Guides raised whether this will become operational in the State Too. It was informed that addition is i s being made in the Rules at the National level. Therefore this is not applicable to the State Association as of now. Smt. Anamika Dass, SOC(G) of Odisha State Bharat Scouts and Guides raised a point of Order that the powers of Chief National Commissioner is defined under the Rule NO. 14(4), therefore necessary necessar y amendments to this Rules should also be made. The President informed the house that there is no conflict of Interest in formation of the President-In-Council and the powers of the Chief National Commissioner. Therefore this is not a subject for discussion. He also informed that the powers and dignity of the Chief National Commissioner Commissi oner will remain with its due diligence. This has only been initiated to  provide a platform of “Appeal” against the orders of Chief National Commissioner to the aggrieved party within the Organization by  preferring an “Appeal” before before the President of the Association and thereby protecting the interest of the Association and avoiding litigations. The house agreed with the President and accepted that the Association  should stand united so that litigations can be

 

avoided. The President called for vote on the Resolutions by raising the hands and all members present agreed to the Resolutions. Shri. P.R. Nadkarni, State Chief Commissioner of wantedagreed. to record decent note to which theGoa President However Shri nadkarni clarified with his intention is that it should be incorporated in the Rules. The resolution No.2 for creation a President In-Council was moved by Shri. B. I. Nagar Nagarale ale again as below. RESOLUTION-2 2.  President-In-Council Notwithstanding anything contained in the rules of the Bharat Scouts and Guides, National  Association, there shall be a Presiden Presidentt in council with following details. (a)  Function of the Presiden President-In-Council t-In-Council – There  shall be a President-In President-In-Council -Council to aid and advise the President in respect of matters referred to it and to make recommendations in the interest of the organization. The President-In-Council shall be an apex advisory body of Bharat Scouts and Guides. (b)  Composition of the t he President-In-Council –  The President-In-Council shall consist of following:(i)   All six elected Vice-Presidents of Bharat Scouts and Guides. (ii)  Preceding/outgoing Commissioner.

Chief

National

(iii)  Two Scouts/Guides leaders of repute and standing to be nominated by the President.

 

(iv)  One person having knowledge and experience in the field of finance, accounts audit and funds management. (v)  Convener of the President-In-Councilthe President shall nominate Convenor of the President-in-Council, who shall also be member of the President-InCouncil. (c)  Meeting of the President President-In-Council -In-Council - The meeting of the President-In-Council may be held once in a quarter and special meetings may be convened at any time as directed by the President of Bharat Scouts & Guides. The quorum of meeting of the President-InCouncil shall be five members. (d)  Procedure of meetings of the President-InCouncil –  The President-in-Council shall regulate its own procedure. Convenor shall  summon the meetings of the president-in Council in consultation with the President. (e)  Secretary of the President-In-Council –  there shall be a secretary of the President In Council to be appoin appointed ted by President-InCouncil on the terms and conditions as decide. (f) 

Executive Advisor –  The President may appoint any member of the President-InCouncil as Executive Advisor. He may be assigned any independent work by the President.

(g)  Vacancy ion President-In Council not to invalidate acts or proceedings –  No act or  proceeding of the Presid President-In-Council ent-In-Council shal shalll be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of the President In-Council.

 

The same was seconded by Smt. Kempi Pakam ASTC(G) of Arunachal Pradesh, Shri N.A. Khan, State Chief Commissioner of  Jammu & Kashmir, Kashmir, Shri Ranjit Ku Kumar mar Das of  Assam, K.B. Shanmu Shanmukhapp khappa, a, PresidentShri of Karnataka.

Vice-

Shri Ranjit Das of Assam wanted that “One man One Post” may also be brought out at this juncture. Smt. A. Swer, State Secretary of Meghalaya supported the move to have a President-In-Council informing that this will help to safeguard the interest of the  Association. Shri Santosh Kumar Dixit of Uttar Pradesh appealed to the house that t hat the National Council which is the supreme body by taking a decision has made a historic decision to have check and balance in the functioning of the Association. Shri Prakash Disoriya, Representative Repres entative of Madhya Pradehs, Shri Sriniwas Kumar, Representative of Bhihar, Shri Gary James, Representative of Meghalaya also wanted to have these Rules be implemented at national/State/District and local level. Replying to this it was clarified that the current Resolution should only be implemented at the National level and this was agreed too. The President called for voting by raising hands. The house  supported the Resolut Resolutions ions unanimously. unanimously. The third Resolution was moved by Shri P.G. R. Sindhia, State Chief Commissioner of Karnataka. While presenting the Resolution Shri Sindhia expressed his faith in the  system of collective wisdom and each one being consulted in arriving at a consensus decision. He appraised the house how Dr.  Jain, our Presiden Presidentt suppor supported ted the  preparations  preparation s of 17t Nation National al Jamb Jamboree oree and the working system of the Volunteers who were part of the Jamboree team Shri. K.B. Shanmukhappa, Shri Mohan Kondajji, Shri P. Vishwanath and many more people who worked day in and out in making the  Jamboree a grand success. He expressed the  support of Shri. B. I. Nagaral Nagarale e extended to the State in his capacity the then Chief

 

National Commissioner. Then he moved the Resolution as below. RESOLUTION-3 3. Appointm  Appointment ent of the Chi Chief ef Nati National onal Commissi Commissioner, oner,   Bharat Scouts and Guides in special circumstances(a)  Notwithstanding anything contained in the Rules of the Bharat Scouts and guides, National Association, special procedure for appointment of the Chief National commissioner shall be adopted in case of vacancy arising out an account of death, retirement, removal, resignation or otherwise. The matter regarding appointment of the Chief National Commissioner for the remaining term shall be considered by the President-In-Council and in case there is unanimity on the candidature of one eligible person, perso n, then such  person shall be the Chief national Commissioner for the remaining term agreed upon by the all the members present in the meeting of the President-In Council through consensus consen sus and also approved by the President. (b)  The

appointment

of

the

Chief

National

Commissioner for the remaining term shall be confirmed by the National Council. After confirmation of the nomination by National Council, the Chief National commissioner  shall be deemed as elected for the remaining term. (c)   In case of no unanimity or no agreement or consensus on the name of one person to be nominated as the Chief National Commissioner for the remaining term, the normal election procedure shall be followed.

 

(d)  The above Resolutions was seconded by Shri. G.Parameswar of Telangana, Shri Ranjit Kumar das of Assam, Shri. K.b. Shanmukhappa of Karnataka, Shri ONkar Singh of Punjab, Shri Gary James of Meghalaya and Smt. Vimla Meghwal, VicePresident of Rajasthan State Bharat Scouts & Guides. The house agreed with this Resolution by raising their hands in unanimity.

Copy of Minutes of Meeting dated 09.07.2017 is annexed as Annexure-P-7. Annexure-P-7.   17.  That as per the rules 14 of the defendant no.1 the post of Chief National Commissioner is a post created by democratic process and shall be elected by National Council among the members the rule 14 contains i.e.: (1)  The Chief National Commissioner shall be elected by the National Council from among the members, who has an experience as a warranted commissioner for at least 5 years at National/State Level. (b) In the event of vacancy in the office of the Chief National Commissioner, the National commissioner, senior by age of if there is only one National Commissioner, Commissione r, the  said National Commission Commissioner er shall act as Chief National Commissioner until a new Chief National Commissioner is elected for the remainder of the term. The election of the new Chief National Commissioner shall be held as soon as practicable. 18.  That prior to 09.07.2017 the defendant no.3 i.e. Sh. K.K. Khandelwal claiming himself to be Chief National Commissioner Commission er of the Defenda Defendant nt no.1 tthe he said post was elected post as per the rules of the defenda defendant nt no.1 after the retirement of National Chief Commissioner member

 

namely Sh. B.I. Nagarale, the National Commissioner senior by age was entitled to held the post of National Chief Commissioner, Commissioner, but due to alleged amendment the defendant defenda nt no.3 was appointed by the alleged president in council of National Chief Commissioner so the appointment of defendant no.3 is legally null and void and void ab-initio. 19.  That so the appointment of the defendant no.4 appointed by the defendant no.3 is legally null and void and in gross violation of the rules and regulations of the defendant no.1 and the defendant no.4 is not having any lawful power and authority to manage and control the affair of the defendant no.1. 20.  That the defendant no. 2 to 11 are illegally and unlawfully unlawfull y holding the post contrary to the bye-laws of the defendant no.1 and does not have any power and authority to manage and control of day to day affair of the defendant no.1 and all the decisions are legally null and void and does not have any validity. 21.  That the plaintiffs claims that pass a decree of declaration thereby declaring Agenda dated 09.06.2017 legally null and void and nonest in eyes of law and contrary to the rules and regulations of the defendant defenda nt no.1. 22.  That the plaintiffs claims that pass a decree of declaration thereby declaring Special National Council Meeting dated 09.07.2017 as legally null and void and contrary to the rules and regulations of the defendant no.1.

 

23.  That the plaintiffs claims that pass a decree of declaration thereby declaring amendments in the rules and regulations of the defendant no.1 to confer the powers and functions of the president, president in council and composition of president in council, appointment of National Chief Commissioner as more specific in Resolution No.1, 2 & 3 in Annexure-P-7 i.e. minutes of meeting made on 09.07.20 09.07.2017 17 in the Special National Council Meeting on 09.07.2017 null and void and in nonest in eyes of law and not having any binding force of law and contrary to the rules and regulations of the defendant no.1. 24.  That the plaintiffs claims that pass a decree of declaration declara tion thereby declaring all the decisions taken by the defendant no.2 no. 2 to 11 since 09.07.2017 till the filling of the present suit and till the decree of the present suit is null and void and nonest in eyes of law. 25.  That the plaintiffs claims that pass a decree of declaration thereby declaring that the defendant no.3 to 11 is illegally and unlawfully holding the post in president preside nt in Council. 26.  That the plaintiffs claims that pass a decree of declaration thereby declaring that the defendant no.3 to 11 is illegally and unlawfully holding the post in the defendant no.1 27.  That the plaintiffs claims that pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.2 to 11 from managing and controlling, administering administering and taking any decisions and

 

affairs

of

the

defendant

no.1

in

any

manner

whatsoever. 28.  That the plaintiffs claims that pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.12 thereby restraining the defendant no.12 from releasing any financial aids and grants to the defendant no.1 to 11 till lawful and legal body is constituted as per the rules and regulations of the defendant no.1. 29.  That the plaintiffs claims that pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.13 from entertaining any transactions, communication communication in respect of the affairs of the defendant no.1 from the defendant no.2 to 11 till lawful and legal body is constituted as per the rules and regulations regulation s of tthe he defendant no.1. 30.  That the plaintiffs claims that pass a decree of mandatory injunction in favour of the plaintiffs and against the defendant no.1 to 11 thereby directing the defendant defenda nt no.13 to constitute the lawful and legal body to manage and control of the defendant no.1 as per the rules and regulations of the society. 31.  That the plaintiffs claims that pass a decree of mandatory injunction in favour of the plaintiffs and against the defendant no.1 to 11 thereby directing the defendant defenda nt no.13 to take all the records in respect of tthe he management, administration and control in their possession in respect of the defendant no.1.

 

32. 

That firstly cause of action arose on 09.06.2017 in favour of the plaintiffs and against the defendant no.1 to 11, when agenda was circulated and the cause of action further arose when 09.07.2017 in favour of the plaintiffs and against the defendants no.1 to 11 when in the alleged meeting the amendment was cause in the rules and regulations of the defendant no.1 in gross violation and breach of the rules and regulations of the defendant no.1 and the body in the name president in council and its members was appointed. Cause of action further arose in favour of the plaintiffs and against the defendant no.1 to 11 as the defendant no.2 to 11 is a illegal and unlawful body managing and controlling affairs of the defendant no.1 and cause of action further arose in favour of the plaintiffs and against the defendant no.2 to 11 as the they are not having any power and authority to manage and control the affairs the defendant no.1. Cause of action further arose in favour of the plaintiffs and against the defenda defendant nt no.12 has released the financial aids and grants to the defendant defenda nt no.1 to 11 and cause of action further arose the defendant no.12 may further release the grants. Cause of action further arose in favour of the plaintiffs and against the defendant no.13 as the defendant no.13 is silent spectator and not discharging its statutory

obligations

and

regulatory

control

and

entertaining their transactions and may entertain the further transaction of the defendant no.1 to 11 illegal and

unlawful

continuation

body. one

Cause as

the

of

action

is

still

management

in and

administration of the defendant no.1 has come in the hands of illegal and unlawful constituted body.

 

33.  That the valuation of the suit property for the purpose claiming of the relief of deceleration has been fixed at Rs. 200/- for each prayer of declaration and appropriate of Rs. 20/- on each prayer of declaration has been affixed and value of the suit for claiming the relief of permanent injunction is fixed at Rs. 130/- for each prayer of permanent injunction and court fees has been fixed at RS. 13/- for each prayer of permanent injunction and value of the suit for the purpose of mandatory injunction has been fixed at Rs. 130/- for each prayer of mandatory injunction and the court fees comes out to be Rs. 13/- for each prayer of mandatory injunction. 34.  That the Plaintiffs undertakes to pay deficient court fees, if any as per the direction of this Hon'ble Court. 35.  That this Hon’ble Court has territorial jurisdiction to entertain the suit as the defendants have been working for gain within the territorial jurisdiction i.e. LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 which is come under this Hon’ble Court    ,

hence this Hon'ble Court has legal and territorial  jurisdiction to entertain, try t ry and to decide the present suit. 36.  That the appropriate court fees has already been affixed on the plaint. P R A Y E R:It is, therefore, most respectfully prayed to this Hon’ble Court that this Hon’ble court may kindly be pleased to:-

 

a)  pass a decree of declaration thereby declaring Agenda dated 09.06.2017 legally null and void and nonest in eyes of law and contrary to the rules and a nd regulations of the defendant no.1. b) pass a decree of declaration thereby declaring Special National Council Meeting dated 09.07.2017 as legally null and void and contrary to the rules and regulations of the defendant no.1. c)  pass

a

decree

of

declaration

thereby

declaring

amendments in the rules and regulations of the defendant no.1 to confer the powers and functions of the president, president in council and composition of president in council, appointment of National Chief Commissioner as more specific in Resolution No.1, 2 & 3 in Annexure-P-7 i.e. minutes of meeting made on 09.07.2017 in the Special National Council Meeting on 09.07.2017 null and void and in nonest in eyes of law and not having any binding force of law upon the defendant

no.1

and

contrary

to

the

rules

and

regulations regulation s of tthe he defendant no.1.

 

d) pass a decree of declaration in favour of the plaintiffs and against the defendants no. 2 to 11, thereby declaring declari ng the defendant no. 2 to 11 ttheir heir agen agentt servant, employees from implementing any decision, meetings, policy

decision,

directions

and

orders

made

in

09.07.2017 National Council Meeting and subsequently any decision, direction, order in any meeting in respect of the affairs of the defendant no.1 null and void and nonest in eyes of law.

 

e)  pass a decree of declaration thereb thereby y declaring that the defendant no.3 to 11 is illegally and unlawfully holding the post in President in Council. f)  pass a decree of declaration thereby declaring that the defendant no.3 to 11 is illegally and unlawfully holding the post in the defendant defendant no.1. g) pass a decree of permanent injunction in favour of the plaintiffs plaintif fs and against the defendant no.2 to 11 from any convening any National Council Meeting and any executive Committee Meeting or any other meeting in respect of the affairs of the defendant no.1. h) pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.2 to 11 from managing and controlling, administering and taking any decisions and affairs of the defendant no.1 in any manner whatsoever. i)  pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.12 thereby restraining the defendant no.12 from releasing any financiall aids and grants to the defendant no.1 till lawful financia and legal body is constituted as per the rules and regulations regulation s of tthe he defendant no.1.  j)  pass a decree of permanent injunction in favour of the plaintiffs and against the defendant no.13 from entertaining

any

transactions,

communication

in

respect of the affairs of the defendant no.1 from 2 to 11 till lawful and legal body is constituted as per the rules and regulations of the defenda defendant nt no.1.

 

k)  pass a decree of mandatory injunction in favour of the plaintiffs plaintif fs and against the defendant no.1 to 11 thereby directing the defendant no.13 to constitute the lawful and legal body to manage and control of the defendant no.1 as per the rules and regulatio regulations ns of the society. l)  pass a decree of mandatory man datory injunction in favour of the plaintiffs plaintif fs and against the defendant no.1 to 11 thereby directing the defendant defendant no.13 to take all the records in respect of the managemen management, t, administration and control in their possession in respect of the defendant no.1. m) 

To pass any other order in the given facts and

circumstances of the present case and in the interest of  justice.

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

V E R I F I C A T I O N:We, the plaintiffs, do hereby verify that the contents of para no. 1 to 31 of the accompanying suit are true and correct to the best of my knowledge and those of paras from 32 to 36 re the informations received and believed

 

to be true. The last para is humble prayer to this Hon’ble court.

Verified at Delhi on this ___ day of November, 2019.

PLAINTIFFS

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AGED ABOUT 68 YEARS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, PAHARGANJ , NEW DELHI-110055, do hereby solemnly affirm and declare as under:1. 

That the deponent is the Plaintiff No.1 in the above noted suit and is well conversant with the facts and circumstances of the present suit and hence competent to swear this affidavit.

2. 

That the accompanying Suit has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit as the same s ame are not repeated herein for the sake of brevity.

3. 

That the averments made in the accompanying Suit are explained explaine d to me in my ve vernacular rnacular la language nguage i.e. Hindi. DEPONENT

V E R I F I C A T I O N:Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT   DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA AGED ABOUT 64 YEARS R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202, do hereby solemnly affirm and declare as under:-  under:-  1. 

That the deponent is the Plaintiff No.2 in the above noted suit and is well conversant with the facts and circumstances of the present suit and hence competent to swear this affidavit.

2. 

That the accompanying Suit has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit as the same s ame are not repeated herein for the sake of brevity.

3. 

That the averments made in the accompanying Suit are explained explaine d to me in my ve vernacular rnacular la language nguage i.e. Hindi. DEPONENT

V E R I F I C A T I O N:Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT   DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   AMOD KUMAR SINGH S/O SH. NARENDER SINGH AGED ABOUT 38 YEARS R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101, do hereby solemnly affirm and declare as under:under:-   1. 

That the deponent is the Plaintiff No.3 in the above noted suit and is well conversant with the facts and circumstances of the present suit and hence competent to swear this affidavit.

2. 

That the accompanying Suit has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit as the same s ame are not repeated herein for the sake of brevity.

3. 

That the averments made in the accompanying Suit are explained explaine d to me in my ve vernacular rnacular la language nguage i.e. Hindi. DEPONENT

V E R I F I C A T I O N:Verified at Delhi on this ___ day da y of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT   DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR C IVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

APPLICATION UNDER ORDER 39 RULE 1 & 2 R/W ORDER 39 RULE 10 SECTION 151 CPC FOR GRANT OF AD-INTERIM INJUNCTION.

Most Respectfully Showeth:1. 

That the plaintiffs have filed the accompanying Suit For Declaration, Declara tion, Permanent And Mandatory Injunction and the contents of the suit may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity and to avoid repetition.

2. 

That on 09.07.2017 the defendant no.2 to 11 with sole dishonest and fraudulent intention to manage and control and administer the day to day affair of the defendant no.1 has caused material and substantive amendment thereby conferring conferring all the powers president in council and taking away the National Executive Committee contrary to the basic rules and regulations and bye-laws of the defendant no.1 and to satisfied their personal, financial benefit, advantage, gain and consideration as the defendant no.1 has received the

 

financiall aids, and grants from the defendant no.12 and financia public at large also and the defendant no.12 time to time also releases the funds and resources to the defendant no.1 and the defendant no.2 to 11 is not having any power, authority to manage and control the affair of the defendant no.1 and the same is illegal and unlawful body constituted contrary to the rule and regulations regulation s of tthe he society. 3. 

That the defendant no.2 to 11 are also approaching to the defendant no.12 and 13 and various other public statuary bodies and public at large also and other NGOs for financial assistance and gains and may appropriate funds and resources to their own benefit, advantage and gain instead of promoting the object and aim of the defendant defenda nt no.1.

4. 

That the defendant no.2 no .2 to 11 does not have any lawful power and authority to manage and control the affairs of the defendant no.1 and they are approaching the to the defenda defendant nt no. 12 and 13 and

various other

statutory

claiming

bodies

and

NGOs

and

and

representing themselves as lawful and legal constituted body of the defendant no.1 in fact the defendant no.2 to 11 are absolutely unlawful and illegal body and does not have any power and authority to manage and control the affairs of the defendant no.1 as per the original

rules,

regulations

and

bye-laws

of

the

defendant defenda nt no.1. 5. 

That the plaintiffs have a strong prima facie case in their favour and has every likelihood to get succeed.

 

6. 

That the balance of convenience lies in favour of the Plaintiffs Plaintif fs and against the Defendants.

7. 

That if the relief is withhold then then it will cause grave mischief and hardships to the interest of the Plaintiff and injuries suffered by the plaintiffs cannot be compensated in terms of money and there is no standard to measure the damages suffered by the plaintiffs and also to the defendant no.1 as the plaintiffs are having the substantial interest to observe and see the management of the defendant no.1 should be monitor and control by the lawful and legal constituted body.

P R A Y E R:It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to:  to:  i)  pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 2 to 11 their successor, thereby

administrator, restraining

executors

them

and

from

assignee managing,

administering and controlling the day to day affairs of the defendant no.1 till the final disposal of the case on merits. ii)  pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 2 to 11 their successor,

administrator,

executors

and

assignee

thereby restraining them from approaching to the defendant defenda nt no.12 and 13 statutory bodies governmen governmental tal and

non-governmental

organization

and

claiming

 

themselves as lawful constituted body, till the final disposal of the case on merits. iii) pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 12 thereby restraining the defendant no. 12 their successor, administrator, executors and assignee from releasing any financial aids, grants and money to the defendant no.1 till the final disposal of the case on merits. i)  pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 13 thereby restraining the defendant no. 13 their agent servant, employees

from

entertaining

any

transaction,

communication, corresponding from the defendant no.1 to 11, till the final disposal of the case on merits. ii)  pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 2 to 11, thereby restraining the defendant no. 2 to 11 their agent servant, employees from implementing any decision, meetings, policy decision, directions and orders made in 09.07.2017 National Council Meeting and subsequently any decision, direction, order in any meeting in respect of the affairs of the defendant no.1 null and void and nonest in eyes of law, till the final disposal of the case on merits. iii) pass an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants no. 1 to 11 thereby restraining the defendant no.1 to 11, their agents,

servants

and

employees

etc.

from

implementing any directions orders, instructions in

 

respect of the affairs of the defendant no.1, till the final disposal of the case on merits. iv) Any Any other or further relief(s) which this th is Hon’ble court may deem fit and proper may kindly be passed in favour of plaintiffs and against the defendants, in the interest of justice and equity.

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AGED ABOUT 68 YEARS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, PAHARGANJ , NEW DELHI-110055, do hereby solemnly affirm and declare as under:1. 

That the deponent is the Plaintiff No.1 in the above noted suit and is well conversant with the facts and circumstances of the present suit and hence competent to swear this affidavit.

2. 

That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit a ffidavit as the same are not repeated herein herein for the sake of brevity.

3. 

That the averments made in the accompanying Application are explained to me in my vernacular language. DEPONENT

V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD .

SENIOR CIVIL JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019

In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I, SHYAMAL  SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA AGED ABOUT 64 YEARS R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.2 No .2 in the above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That

the

averments

made

in

the

accompanying

Application are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   AMOD KUMAR SINGH S/O SH. NARENDER SINGH AGED ABOUT 38 YEARS R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101, do hereby solemnly affirm and declare as under:1. 

That the deponent is the Plaintiff No.3 in the above noted suit and is well conversant with the facts and circumstances of the present suit and hence competent to swear this affidavit.

2. 

That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit a ffidavit as the same are not repeated herein herein for the sake of brevity.

3. 

That the averments made in the accompanying Application are explained to me in my vernacular language. DEPONENT

V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct corr ect to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT   DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

APPLICATION SECTION 91(b) CPC ON BEHALF OF THE PLAINTIFFS.

Most Respectfully Showeth:1.  That the plaintiffs have filed the accompanying Suit For Declaration, Permanent And Mandatory Injunction and the contents of the suit may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity and to avoid repetition. 2.  That the plaintiffs are peace loving and law abiding citizen of India and also associated with the t he affairs of the scouts since long time and sincerely, diligently served scouts with their best ability and skills and fully aware with the running of the scouts activities. The plaintiffs are public spirited person and the plaintiffs are filing the present suit in the interest interes t of public at large and to make ensure that the society establish under the Society Registration Act’ 1860 may be managed governed, controlled, administered by its official bearers strictly according to the memorandum of the association of the

 

society and bye-laws, rules and regulations mentioned in the memorandum of association and to make ensure that the public funds, management and resources and financial aid may not be used by the official bearers for satisfying their personal benefit, advantage, gain and interest and to make ensure that the funds and resources should should be utilized utilized for promoti promoting ng and attaining object and aims of scouts and guides activities in the manner of democratic system and to make ensure that only the lawful body constituted as per the rules and regulations regulatio ns of tthe he society may be managed, control and administered day to day affairs of the society and the plaintiffs

are

fully

aware

with

the

facts

and

circumstances of the present case and the plaintiffs are filing the present suit without any kind of malice and filing the present suit with bona-fide and honest intention in the interest and betterment of public at large. 3.  That on 09.07.2017 the defendant defendant no.2 to 11 with sole dishonest and fraudulent intention to manage and control and administer the day to day affair of the defendant no.1 has caused material and substantive amendment thereby conferring all the powers president in council and taking away the National Executive Committee contrary to the basic rules and regulations and bye-laws of the defendant no.1 and to satisfied their personal,

financial

benefit,

advantage,

gain

and

consideration as the defendant no.1 has received the financiall aids, and grants from the defendant no.12 and financia public at large also and the defendant no.12 time to time t ime also releases the funds and resources to the defendant

 

no.1 and the defendant no.2 to 11 is not having any power, authority to manage and control the affair of the defendant no.1 and the same is illegal and unlawful body constituted contrary to the rule and regulations of the society. 4. 

That the defendant no.2 to 11 are also approaching to the defendant no.12 and 13 and various other public statuary bodies and public at large also and other NGOs for financial assistance and gains and may appropriate funds and resources to their own benefit, advantage and gain instead of promoting the object and aim of the defendant defenda nt no.1.

5. 

That the defendant no.2 no .2 to 11 does not have any lawful power and authority to manage and control the affairs of the defendant no.1 and they are approaching the to the defenda defendant nt no. 12 and 13 and

various other

statutory

claiming

bodies

and

NGOs

and

and

representing themselves as lawful and legal constituted body of the defendant no.1 in fact the defendant no.2 to 11 are absolutely unlawful and illegal body and does not have any power and authority to manage and control the affairs of the defendant no.1 as per the original

rules,

regulations

and

bye-laws

of

the

defendant defenda nt no.1. 6. 

That the defendant no.2 to 11 has caused amendment in the rules and regulations of the defenda defendant nt no.1 with sole intention to occupy the affairs, managements and administration administra tion of the defendant no.1 for satisfying their personal financial benefit and advantage and gain and consideration considerati on of other kind also.

 

7. 

That the defendant no.1 is getting the financial aids, grants, from the government of India and all the State Governments and other NGOs and also collect the funds from the public at large and the defendant no.12 also releases the guidelines in respect of free, transparent and fair management of the defendant no.1.

8. 

That the plaintiffs have substantial interest that the funds received by the defendant no.1 should be utilized by lawful body for the promoting the object and aim of the

defendant

no.1

and

also

the

affairs

and

administration administra tion of the defendant no.1 s should hould be manage by the lawful constituted body as per the t he statutory rules and regulations of the defendant no.1 and in the present case the defendant no. 2 to 11 is illegal and unlawful bodies and constituted contrary to the rules and regulations of the defendant no.1 and does not have any power and authority to manage and control the affairs of the defendant no.1. 9. 

That the present suit has been filed in the paramount welfare and interest of the public at large and in the paramount welfare of the defendant no.1 as the defendant no.2 to 11 has committed the wrongful act by totally violating and ignoring the bye-laws, rules and regulations of the defendant no.1 which is having the force of law and public have substantial interest that the public bodies discharging the public functions and responsibility responsib ility at the cost of public funds and resources must be manage and control by the lawful and legal constituted body and lawful authority.

 

10.  That the plaintiffs have a strong prima facie case in their favour and has every likelihood to get succeed. 11.  That the balance of convenience lies in favour of the Plaintiffs Plaintif fs and against the Defenda Defendants. nts. 12.  That if the relief is withhold then then it will cause grave mischief and hardships to the interest of the Plaintiff and injuries suffered by the plaintiffs cannot be compensated in terms of money and there is no standard to measure the damages suffered by the plaintiffs and also to the defendant no.1 as the plaintiffs are having the substantial interest to observe and see the management of the defendant no.1 should be monitor and control by the lawful and legal constituted body.

P R A Y E R:-

It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to:  to:  i) 

Grant of leave/permission to the plaintiffs to file the accompanying suit for declaration, permanent and mandatory injunction against the defendant no.1 to 13.

ii) 

Any other or further relief(s) which this Hon’ble court may deem fit and proper may kindly be passed in favour of plaintiffs and against the defendants, in the interest of justice and equity.

DELHI DATED:___.11.2019

PLAINTIFFS

 

 

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AGED ABOUT 68 YEARS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, PAHARGANJ , NEW DELHI-110055, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.1 in the t he above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. S ENIOR

CIVIL JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019

In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I, SHYAMAL  SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA AGED ABOUT 64 YEARS R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.2 in the above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applicati Application on are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   AMOD KUMAR SINGH S/O SH. NARENDER SINGH AGED ABOUT 38 YEARS R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.3 in the t he above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD.

SENIOR CIVIL JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019

In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

APPLICATION SECTION 80 (2) CPC ON BEHALF OF THE PLAINTIFFS.

Most Respectfully Showeth:1.  That the plaintiffs have filed the accompanying Suit For Declaration, Permanent And Mandatory Injunction and the contents of the suit may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity and to avoid repetition. 2.  That the plaintiffs have filed a suit obtain and immediate immediat e relief against the Government organization i.e. the defendant

no.12,

their

successor,

administrator,

executors and assignee from releasing any financial aids, grants and money to the defendant no.1 and the defendants defenda nts no. 13 thereby restraining the defendant no. 13 their agent servant, employees from entertaining any transaction, communication, corresponding from the defendant no.1 to 11 more specifically disclosed in prayer clause of the Suit and the Prayer Clauses of the Application U/o 39 Rule 1 & 2 CPC and the contents of

 

the same may kindly be read as part and parcel of this para and the same has not been repeated here for the sake of brevity. 3.  That the compliance of the statutory notice U/s 80 CPC will frustrate object and purpose of filing the present suit and the plaintiffs have sought the relief of urgent nature as the illegal and unlawful bodies i.e. the defendan defendantt no.2 to 11 are managing and controlling the day to day affairs of the defendant no.1 to their satisfying their financial interest. 4.  That the plaintiffs are public spirited person and the plaintiffs are filing the present suit in the interest of public at large and to make ensure that the society establish under the Society Registration Act’ 1860 may be managed governed, controlled, administered by its official bearers strictly according to the memorandum of the association of the society and bye-laws, rules and regulations

mentioned

in

the

memorandum

of

association and to make ensure that the public funds, managementt and resources and financial aid may not be managemen used by the official bearers for satisfying their t heir personal benefit, advantage, gain and interest and to make ensure that the funds and resources should be utilized for promoting promoting and a attaining ttaining ob object ject and aims of scouts and guides activities in the manner of democratic system and to make ensure that only the lawful body constituted as per the rules and regulations of the society may be managed, control and administered day to day affairs of the society and the plaintiffs are fully aware with the facts and circumstances of the present case and the plaintiffs are filing the present suit without

 

any kind of malice and filing the present suit with bonafide and honest intention in the interest and betterment of public at large. 5. 

That the plaintiffs have a strong prima facie case in their favour and has every likelihood to get succeed.

6. 

That the balance of convenience lies in favour of the Plaintiffs Plaintif fs and against the Defenda Defendants. nts.

7. 

That if the relief is withhold then then it will cause grave mischief and hardships to the interest of the Plaintiff and injuries suffered by the plaintiffs cannot be compensated in terms of money and there is no standard to measure the damages suffered by the plaintiffs and also to the defendant no.1 as the plaintiffs are having the substantial interest to observe and see the management of the defendant no.1 should be monitor and control by the lawful and legal constituted body.

P R A Y E R:-

It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to:  to: 

i) 

Grant exemption from serving the statutory notice Under Section 80 of CPC upon the defendant no. 12 & 13.

ii) 

Further grant leave to the plaintiffs to present and institute and contest the present suit against the defendant no.12 & 13.

 

iii) 

Any other or further relief(s) relief(s) which this Hon’ble court may deem fit and proper may kindly be passed in favour of plaintiffs and against the defendants, in the interest of justice and equity.

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AGED ABOUT 68 YEARS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, PAHARGANJ , NEW DELHI-110055, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.1 in the t he above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledge knowledge and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE

COURT OF LD. SENIOR CIVIL JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019

In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I, SHYAMAL  SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA AGED ABOUT 64 YEARS R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.2 in the above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applicati Application on are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   AMOD KUMAR SINGH S/O SH. NARENDER SINGH AGED ABOUT 38 YEARS R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.3 in the t he above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT   DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS.

BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

APPLICATION SECTION 75 R/w Order 40 (1) CPC ON BEHALF OF THE PLAINTIFFS.

Most Respectfully Showeth:1.  That the plaintiffs have filed the accompanying Suit For Declaration, Permanent And Mandatory Injunction and the contents of the suit may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity and to avoid repetition. 2.  That on 09.07.2017 the defendant no.2 to 11 with sole dishonest and fraudulent intention to manage and control and administer the day to day affair of the defendant no.1 has caused material and substantive amendment thereby conferring all the powers president in council and taking away the National Executive Committee contrary to the basic rules and regulations and bye-laws of the defendant no.1 and to satisfied their personal,

financial

benefit,

advantage,

gain

and

consideration as the defendant no.1 has received the financiall aids, and grants from the defendant no.12 and financia

 

public at large also and the defendant no.12 time to time t ime also releases the funds and resources to the defendant no.1 and the defendant no.2 to 11 is not having any power, authority to manage and control the affair of the defendant no.1 and the same is illegal and unlawful body constituted contrary to the rule and regulations of the society. 3.  That the defendant no.2 to 11 are also approaching to the defendant no.12 and 13 and various other public statuary bodies and public at large also and other NGOs for financial assistance and gains and may appropriate funds and resources to their own benefit, advantage and gain instead of promoting the object and aim of the defendant defenda nt no.1. 4.  That the defendant no.2 to 11 does not have any lawful power and authority to manage and control the affairs of the defendant no.1 and they are approaching the to the defendant defendant no. 12 and 13 and various other statutory bodies

and NGOs and claiming and representing

themselves as lawful and legal constituted body of the defendant no.1 in fact the defendant no.2 to 11 are absolutely unlawful and illegal body and does not have any power and authority to manage and control the affairs of the defendant no.1 as per the original rules, regulations regulatio ns and bye-laws of the defendant no.1. 5.  That the defendant no.1 has received financial aids, grants from the governments and public and nongovernments bodies. 6.  That how much grants have bene received and in which manner it has been spent for promoting the object and

 

aim of the defendant no.1, statement of account, balance sheet, bank accounts, vouchers, invoice, bills are in executive, power, possession and control of the defendant no.2 to 11 and all the records in respect of the affairs, management, administration and minutes, agendas,

Memorandum

of

Association

all

the

documentary evidence are in custody power, possession of the defendant no.2 to 11. 7.  That the plaintiffs have strong apprehension and reason to believe that funds, resources and managements of the defendant no.1 has been manage by the defendant no.2 to 11 for satisfying their personal financial interest and other consideration also. 8.  That the defendant no.2 to 11 is illegal and unlawful body constituted contrary to the original rules and regulations and bye-laws of the defendant defend ant no.1 and does not have any power and authority to manage and control of the affairs of the defendant no.1. 9.  That the

plaintiffs claims that the

commissioner

may

be

appointed

receiver/court for

takin

the

administration, management, control of the affairs of the day to day affairs of the defendant no.1 and they should be directed to take in their possession all the records and documents in respect of the affairs and managementt of tthe managemen he defendant no.1 till a lawful and legal body

constitute

as

per

the

statutory

rules

and

regulations of the defendant no.1 as the matter is of public interest and the public is having the substantial interest to know observe and supervise that the affairs of the defendant no.1 should be manage and control by

 

the lawful and legal constituted body thriving on the public funds to achieve aim and object of the defendant no.1. 10.  That the plaintiffs have a strong prima facie case in their favour and has every likelihood to get succeed. 11.  That the balance of convenience lies in favour of the Plaintiffs Plaintif fs and against the Defend Defendants. ants. 12.  That if the relief is withhold then then it will cause grave mischief and hardships to the interest of the Plaintiff and injuries suffered by the plaintiffs cannot be compensated in terms of money and there t here is no standard to measure the damages suffered by the plaintiffs and also to the defendant

no.1

as

the

plaintiffs

are

having

the

substantial interest interest to observe and see tthe he management of the defendant no.1 should be monitor and control by the lawful and legal constituted body.

P R A Y E R:-

It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to:  to:  i) 

appoint

Ld.

Retired

District

Judge

as

a

receiver/commissioner for managing and controlling and administrating the affairs of the defendant no.1 till the lawful and legal body is constituted under the supervisor of the defendant no.12 and 13. ii) 

Direct the receiver/commissioner receiver/commissioner so appointed to take all the documents, bank accounts, minutes, meetings records

and

all

the

records

in

respect

of

the

 

management,

administration

and

control

of

the

defendant defenda nt no.1 from tthe he defendant no.2 to 11 and their authorized agents, servants and employees. iii) 

Grant the police assistance to the receiver if the defendant no.2 to 11 and their officials creates any kind of obstruction and hindrance on the way of the receiver to manage and affairs of the defenda defendant nt no.1 and taking any records of the defendant no.1.

iv) 

Any other or further relief(s) which this Hon’ble court may deem fit and proper may kindly be passed in favour of plaintiffs and against the defendants, in the interest of justice and equity.

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I,   K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AGED ABOUT 68 YEARS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, PAHARGANJ , NEW DELHI-110055, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.1 in the t he above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

AFFIDAVIT I, I, SHYAMAL  SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA AGED ABOUT 64 YEARS R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.2 in the above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. S ENIOR

CIVIL JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019

In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants Defendants

AFFIDAVIT I, I,   AMOD KUMAR SINGH S/O SH. NARENDER SINGH AGED ABOUT 38 YEARS R/O SAHITYA SAMAJ ROAD, HAMIDGANJ, DALTONGANJ, PALAMU JHARKHAND-822101, do hereby solemnly affirm and declare as under:1.  That the deponent is the Plaintiff No.3 in the above noted suit

and

is

well

conversant

with

the

facts

and

circumstances of the present suit and hence competent to swear this affidavit. 2.  That the accompanying Application has been drafted by my counsel on my instructions which are true tr ue and correct to the best of my knowledg knowledge e and may be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. 3.  That the averments made in the accompanying Applica Application tion are explained to me in my vernacular language. DEPONENT V E R I F I C A T I O N: Verified at Delhi on this ___ day of November, 2019 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

BEFORE THE HON’BLE COURT OF LD. SENIOR CIVIL

JUDGE (CENTRAL), TIS HAZARI COURTS, DELHI CIVIL SUIT NO. ______ OF 2019 In The Matter Of:SH. K. SUKUMARA & ORS.  ORS.  

... Plaintiffs

VS. BHARAT SCOUTS & GUIDES & ORS.  ORS.  

… Defendants

ADDRESS FORM 1.  SH. K. SUKUMARA FORMER DIRECTOR OF BHARAT SCOUTS AND GUIDES ADDRESS AT: 133-A, GROUND FLOOR, DDA FLATS, LIG, PAHARGANJ, NEW DELHI-110055 2. SH. SHYAMAL KUMAR KARAK S/O LATE SH. RAMPADA R/O 4-KN CHATARJEE STREET BELURMATH, HAORA, WEST BENGAL-711202 3. SH. AMOD KUMAR SINGH S/O SH. NARENDER SINGH R/O SAHITYA SAMAJ ROAD, HAMIDG HAMIDGANJ, ANJ, DALTONGANJ, PALAMU JHARKHAND-822101 … Plaintiffs

Versus 1. BHARAT SCOUTS & GUIDES THROUGH ITS DIRECTOR NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 2. DR. ANIL KUMAR JAIN PRESIDENT OF BHARAT SCOUTS & GUIDES  GUIDES   NATIONAL HEADQUARTER, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 3. DR. K.K. KHANDELWAL

 

CHIEF NATIONAL COMMISSIONER OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 4. SH. RAJ KUMAR KAUSHIK DIRECTOR OF BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  5. PRESIDENT IN COUNCIL THROUGH ITS SECRETARY GENERAL Namely Sh. P.G.R. Sindhia National HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 6. SMT. GEETHA NATARAJ (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  7. SMT. VIMLA MEGHWAL (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  8. SMT. KIMPI PAKAM (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  9. SH. S.N. SHARMA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002  10. SH. K.P. MISHRA (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002 11.  SH. ASHOK ARGAL (Vice President Bharat Scouts & Guides) NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN, 16-MG MARG, I.P. ESTATE, DELHI-110002  DELHI-110002 

 

  12. MINISTRY OF YOUTH AFFAIRS & Sports THROUGH THROUG H ITS SECRETARY OF YOUTH AFFAIRS, ROOM NO.1, C-WING, SHASTRI BHAWAN, NEW DELHI-

110001

13. REGISTRAR OF SOCIETY/SDM (Headquarter) 14, DARIYAGANJ, DELHI ….Defendants   ….Defendants

DELHI DATED:___.11.2019

PLAINTIFFS

THROUGH DEEPAK K. TYAGI DR. M.K. GAHLAUT SHUBHAM TYAGI (Advocates) CH. NO.455, 2nd FLOOR, Western Wing, TIS HAZARI COURT NEW DELHI MOBILE NO.9810283029 email:[email protected]