IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

O.S. NO. 7484/ 2010

BETWEEN:
PLAINTIFF : 1. Sri.XXXXXX
Aged about 35 years,
R/at: No.282, 3rd Main,
5th Cross, Maruthinagar,
Mysore Road, Bapujinagar,
Bangalore – 560 026.
2. VVVVVV
C/o. Police Narasimhappa
Aged about 38 years,
No.137, A.K.Colony,
Hennur Cross,
Bangalore – 560 045.

And

DEFENDANTS : 1. Arunodaya Network of

Positive People
Rep. by its Secretary
AAAA
Aged about - Major,
R/at: No.45/43, 1st Floor,
6th Cross, 6th Block,
Rajajinagar,
Bangalore City.
2. Sri.ABC
Aged about 30 years,
Election Officer,
No.2038, 7th Main,
D Block, 2nd Stage,
Rajajinagara,
Near Amba Bhawani Temple,
Bangalore – 560 010

PLAINT UNDER ORDER 7 RULE 1 READ WITH SECTION 26 OF THE CODE

OF CIVIL PROCEDURE,
The Plaintiff most respectfully submits as follows:
1. The Address of the Plaintiffs for the purpose of service of summons, process, notices
etc., from this Hon’ble Court is as stated in the cause title above. The Plaintiffs
may also be served through their Counsels Sri.XXXXXXX, Advocates, No.1,
‘Tippu Chambers’, #13, 3rd Floor, 4th Cross, N.R.Road, Bangalore – 560 002.
2. The address of the Defendants for the purpose of service of court summons, Notices
etc., from this Hon'ble Court is as stated above in the cause title.
3. The Plaintiffs submit that they are the members of 1st Defendant Organization. The 1st
Defendant is the Non-Governmental Organization and formed for the sole purpose
of eradication of HIV among the masses of India in general and among the sexual
workers and sexual minorities. The 1st Defendant organization is established on
4.3.2006. The Plaintiffs are the members of this Organization. The 1 st Defendant
Organization is governed by the provisions of Karnataka Societies Registration
Act. As per the prevalent provisions governing the 1 st Defendant Organization the
election for the post of the office bearers is to be held once in a year.
4. The Plaintiffs submit that the 1st Plaintiff is the member of this Organization from
28.6.2010 and the 2nd Plaintiff is the member of this Organization from 17.5.2007.
The copy of the membership card of the 1st Plaintiffs is produced as
DOCUMENT NO.1 and the copy of the membership card of the 2 nd Plaintiff is
produced as DOCUMENT NO.2.
5. The Plaintiffs submit that as per the bylaws of the Organization abruptly without
notice to all the members and without the express consent of the office bearers the
2nd Defendant is nominated as Returning Officer to conduct the election of the 1 st
Defendant Organization to elect the office bearers for a period of one year.
Abruptly the 1st Defendant issued the notification to conduct the Annual General
Body Meeting (AGM) and Election on 8.10.2010. Wherein it was announced to
held the election on 28.10.2010 and the calendar of events are announced. The
copy of the said notification is produced as DOCUMENT NO.3. After the
announcement of the election the Plaintiffs filed their nomination furnishing all the
required particulars in the prescribed Form on 20.10.2010 itself. Totally 13
 members filed their nomination papers. Out of 13, 3 nomination papers are
rejected by the 2nd Defendant including the nomination papers of the Plaintiffs. In
this behalf the 2nd Defendant issued an endorsement stating that the Plaintiffs have
furnished false information. The nature of false information is not forthcoming
from the endorsement. The copy of the endorsement dated: 21.10.2010 issued to
the 1st Plaintiff is produced as DOCUMENT NO.4 and the endorsement
dated:21.10.2010 issued to the 2nd Plaintiff is produced as DOCUMENT NO.5.
After the receipt of these endorsements the Plaintiffs contacted the Defendants and
seek their explanation in issuing false endorsement. Both the Defendants assured
till 26.10.2010 that they would withdraw the endorsements and alow the plaintiffs
to contest the election. But on 26.10.2010 they flatly refused to withdraw the false
endorsement.
6. The Plaintiffs submit that the said endorsements are malafide and the same are issued
with oblique motives by the 2nd Defendant at the instance of the 1st Defendant.
Both the Plaintiffs are not disqualified in any manner to contest the election and
they have furnished the correct and true particulars. Thus without proper scrutiny
the 2nd Defendant has rejected the nomination of the Plaintiffs. The act of the
Defendants is highly illegal, malafide, mischievous and against the principles of
Natural Justice and solely meant to restrain the Plaintiffs from participating in the
day to day activities of the 1st Defendant Organization in safeguarding the interest
of the beneficiaries.
7. The Plaintiffs who have rendered their valuable services to the 1 st Defendant
Organization have discharged their duties towards the Organization in a rightful
manner without any blemish record. The democratic setup of the Organization is
seriously prejudice by the illegal act of the Defendants. The Plaintiffs cannot
safeguard their interest without the aid of this Hon'ble Court. Hence the Plaintiffs
are forced to file this suit for the relief of declaration and permanent injunction.
8. The cause of action to file this suit arise on 23.10.2010 when the Plaintiffs received
the endorsements and subsequently on 26.10.2010 when the 2nd Defendant flatly
refused to withdraw the false endorsement.
9. The cause of action to file this suit arises at Rajajinagar, Bangalore City within the
jurisdiction of this Hon'ble Court.
10. For the purpose of court fee and jurisdiction this suit is valued u/s.24 (d) of the
Karnataka Court Fees and Suits Valuation Act and sufficient court fee is paid as
per the annexed valuation slip.
11. This suit is in time.
12. The Plaintiff has not filed any suit in respect of the subject matter of the suit either
before this Hon'ble court or any other court on the same cause of action.

PRAYER FOR JUDGEMENT AND DECREE

WHEREFORE it is prayed that this Hon’ble court may be pleased to
(a) declare that the act of the 2nd Defendant in issuing endorsements dated:21.10.2010
as per the Document 4 and 5 are null and void
(b) consequentially pass an order of Permanent Injunction restraining the Defendants,
their agents, attorneys, henchmen, officials, workmen, or anybody claiming on
their behalf from holding the elections to the 1st Defendant Organization and
(c) to pass any other equitable order which this Hon’ble court may deem fit to grant
in the circumstances of the case in the interest of justice, equity and law.

ADVOCATE FOR PLAINTIFF PLAINTIFF

VERIFICATION
Whatever stated above from para 1 to 12 is true to the best of my knowledge,
information and belief.

BANGALORE
DATE: PLAINTIFF

IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

O.S. NO. 7484/ 2010

BETWEEN:
PLAINTIFFS : XXXXX & Another

V/s.

DEFENDANTS : Arunodaya Network of Positive

People Rep. by its Secretary
Ms.Malathi & Another

VERIFYING AFFIDAVIT
 I, XXXXXXX, Aged about 35 years, R/at: No.282, 3 rd Main, 5th Cross,
Maruthinagar, Mysore Road, Bapujinagar, Bangalore – 560 026, do hereby solemnly state
and affirm an oath as follows:

1. I submit that I am the Plaintiff in this case and well aware of the facts of this case.
2. I submit that all the averments made from para 1 to 12 of the accompanying plaint
are true and correct.
3. I submit that all the documents produced as DOCUMENT NO. 1 TO 5 are the
copies of the originals.

Whatever stated above is true and correct to the best of my knowledge,

information and belief.

BANGALORE
DATE: DEPONENT
IDENTIFIED BY ME,

ADVOCATE