- 1 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23895 OF 2025 (GM-CPC) BETWEEN: MR. STEEVAN PINTO S/O ALPHONSE PINTO, AGED ABOUT 39 YEARS, LIFE MEMBER OF NATIONAL INSTITUTE OF PERSONNEL MANAGEMENT (NIPM) MANGALORE CHAPTER O/AT F-24, 1ST FLOOR, EMPIRE MALL, M G ROAD, MANGALORE - 575 003 …PETITIONER (BY MS. GAUTHAMI S. BHANDARY, ADVOCATE) AND: THE NATIONAL INSTITUTE OF PERSONNEL MANAGEMENT (NIPM) A SOCIETY REGISTERED UNDER KARNATAKA SOCIETY ACT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 HAVING ITS REGISTERED OFFICE AT SOUTHEND ENCLAVE, TOWER BLOCK, 3RD FLOOR, 1581, RAJDANGA MAIN ROAD, KOLKATA - 700 107 REPRESENTED BY ITS PRESIDENT DR.M.H. RAJA …RESPONDENT (BY SRI. P.N. MANMOHAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AND QUASH THE ORDER DATED 04.08.2025 ON THE FILE OF THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, MANGALURU IN I.A.NO.II OF O.S.NO.1080/2025 (ANNEX-A). DIRECT AND STAY THE OPERATION OF THE SUSPENSION OF THE ORDER DATED 24.06.2025 (ANNEXURE-G) TILL DISPOSAL OF IA NO. II IN OS NO. 1080/2024 ON THE FILE OF THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, MANGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court on the score that the concerned Civil Court does not grant injunction answering an application filed under Order XXXIX Rules 1 and 2 of the CPC, but only issues emergent notice. 2. Heard Ms. Gauthami S. Bhandary, learned counsel appearing for the petitioner and Sri. P.N. Manmohan, learned counsel appearing for the respondent and have perused the material on record. 3. The concerned Court in O.S.No.1080/2025 passes the following order: The plaintiff has filed the present suit against the defendant for the relief of declaration and permanent injunction. The plaintiff has also filed application I.A.No.II U/o.39 Rules 1 and 2 R/w Sec.151 of CPC seeking for ad- interim ex-parte temporary injunction restraining the defendant from acting upon the Suspension Order dated 24.06.2025 and permit the plaintiff to participate in the election and file his E-nomination by 07.08.2025, during the pendency of the suit, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 Heard by plaintiff counsel on IA-II and perused the plaint, affidavit annexed I.A.No.II along with documents and decision filed by the plaintiff. On going through the materials on record, this court observed that before passing any order it is just and necessary to hear other side. Hence, this court proceed topass the following: ORDER Issue suit summons and emergent notice on I.A.No.II to the defendant. Call on 06.09.2025." 4. What was sought for in an application under Order XXXIX Rules 1 and 2 of the CPC was seeking an ex-parte temporary injunction restraining the defendant from acting upon the order of suspension dated 24.06.2025 and permit the petitioner to participate in the election by filing his nomination that was ensuing on 07.08.2025. The non-grant of any temporary injunction drove the petitioner to this Court immediately there on and this Court by in terms of its order dated 13.08.2025 permitted the petitioner to file his nomination and participate in the election by the following order: "Heard learned counsel Ms.Gauthami S.Bhandary for the petitioner. The petitioner institutes a suit in OS. 1080/2025 seeking relief of declaration to declare the suspension of the petitioner from the life membership of the National Institute of Personnel Management, Mangalore Chapter as illegal. The petitioner gets elected as a chairman of the - 5 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 Respondent - Mangalore Chapter and was a Chairman for a period of 2 years. The ensuing elections were notified in the month of June 2025, not for the Mangalore Chapter, but for the National President of the National Institute of Personal Management. It is at that point of time comes the show cause notice to the petitioner seeking explanation as to why action should not be taken against him on certain omissions and commissions. A perusal at the contents of the communication seeking explanation would prima-facie indicate that all the allegations are frivolous, as none would touch upon the integrity of the petitioner or working of the petitioner as the Chairman of Mangalore Chapter. The explanation is offered by the petitioner in detail. The explanation does not bear consideration in the impugned order which places the petitioner under suspension of his life membership in the NIPM. This appears to be only to stall the petitioner from contesting elections to the National Institute of Personal Management and not restricting his presence in the Mangalore Chapter. Learned counsel for the petitioner further submits the last date for filing of the nomination is 07.08.2025 and the corrected nominations can be filed before the 18.08.2025 and the petitioner has by way of abundant caution had filed his nomination which has been rejected. In the light of the aforesaid reasons, I deem it appropriate to direct the Returning Officer appointed for the conduct of elections to accept the nomination of the petitioner and process the same in accordance with law, which shall however, remain subject to the result of the petition. Petitioner to serve the respondent by way of hand summons. List on 22.08.2025 for 'Preliminary Hearing.'" 5. Learned counsel appearing for the respondent, after being served, has filed certain documents to demonstrate that what is sought for in the petition or before this Court is not stay - 6 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 of election, but stay of suspension, but stalling of elections which cannot be done in exercise of jurisdiction under Article 227 of the Constitution of India. 6. The submission appears to be erroneous, as the petitioner being the plaintiff before the concerned Court had sought for injunction not to act on the order of suspension and consequently, permit the petitioner to participate in the election. 7. The issue is whether the order of suspension of the petitioner has lead to his denial of participation in the election. The issue becomes clear on what the Returning Officer holds, to reject the nomination of the petitioner, it reads as follows: "Dear Mr Steevan Pinto, L35798 It is observed that since you are suspended for a term of three years from the primary membership of NIPM by the National Council you are not qualified to contest for the National Council Election 25-27. Hence regret your nomination stands rejected. CHIEF RETURNING OFFICER NATIONAL COUNCIL ELECTION NIPM 25-27 12.8.2025" - 7 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 8. The nomination is rejected only on the ground that he is suspended for a period of 3 years from the primary membership and therefore, he would not be permitted to participate in the election. It is therefore the aforesaid interim order was granted by this Court, as at a later point in time, if the petitioner succeeds, in the suit or the respondent themselves should revoke the suspension on manifold reasons, the elections should be over and the petitioner's right to participate in the elections would be completely taken away. 9. Learned counsel appearing for the respondent further submits that the petitioner had initially filed his nomination; both for the President and General Secretary, has later on withdrawn and restricted his nomination only to the post of General Secretary and to the post of General Secretary, there are only two candidates, who have filed their nominations, the petitioner and another. 10. In the light of the suspension of the petitioner, the other candidate would have a walk over, in the sense that there would be no competition to the other candidate to become the - 8 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 General Secretary. This is exactly what is observed in the interim order granted on 13.08.2025, as the suspension appears to be passed for the reason to get someone walk away with the results of the elections. 11. Therefore, in the light of the interim order subsisting and a direction that is issued to participate in elections, I deem it appropriate to grant temporary injunction to the order of suspension only for the purpose of participation in the ensuing elections, to which the petitioner has already filed his nomination. 12. The observation made in the course of the order is for the purpose of consideration of the case of the petitioner in the subject order. 13. It is made clear that this order shall not be used for collateral purposes or to be placed before any other fora in any other case. 14. At this juncture, learned counsel appearing for the parties would submit that the order be sustained and a - 9 - HC-KAR NC: 2025:KHC:33170 WP No. 23895 of 2025 direction be issued to the concerned Court to dispose of the suit itself. 15. In the light of the afore-narrated circumstance, it needs an urgent hearing, before the concerned Court as it is with regard to the suspension leading to consequent elections and the entire results being made subject to the result of the suit pending, I therefore deem it appropriate to direct the concerned Court to dispose the suit within an outer limit of six (6) months in the peculiar facts of this case. 16. The observations made shall not influence the proceedings in the suit. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 9