H SHANKER SHETTY Vs. VIJAYANAGARA CLUB AND ORS

JUDGEMENT

(1.) Appeal is by the plaintiff in OS 1848/2010 before the City Civil Judge, Bangalore aggrieved by the order passed on 2.9.2011 dismissing the application - IA 1.

(2.) It transpires the appellant was elected for the Managing Committee continuously for two terms and subsequently as Secretary to the respondent Club for the year 2007-09. At the fag end of his term as Secretary, he was removed from the said post and was also suspended as a member for a period of one year. During the pendency of the suit filed for declaration and injunction for restoration of membership, an interim application was filed which came to be allowed in part and the appellant's membership was restored. The trial judge held that it is concluded that the appellant has not in any manner conducted detrimental to the interest of the 1st respondent club except differences in the working nature amongst members. The 1st respondent had convened special general body meeting to transact the business and the general body resolved to dissolve the then Managing Committee. Later, in the general body meeting, the appellant once again was elected as Secretary to the 1st respondent Club on 15.3.2009 for a period of two years. It is stated, respondents 2 to 15 have behaved in a manner detrimental to the interest of the Club and acted contrary to the rules of the Club The appellant circulated three office notes during September, 2009, December 2009 and January 2010 bringing it to the notice of the Club the illegalities perpetuated by respondents 2 to 15 and asking them to be diligent and act in conformity with the Rules and byelaws of the Club.

(3.) According to the appellant, under the apprehension that the matter as to some of the illegalities committed by respondents 2 to 15 would be placed before the general body, they have taken a decision to issue notice and tried to pass on the blame on the appellant himself. The respondents have resorted to deal with the appellant himself without there being any allegation on him with all malafides and have acted in a manner to remove him from membership as well as from the post of Secretary without complying with the principles of natural justice. It is the case of the appellant that respondents 2 to 15, in total ignorance and behind the back of the appellant, conducted a meeting on 24.2.2010 and 9.3.2010 in utter violation of R 25 (2) of the Club Rules. It is also sated that the appellant was the person elected by General Body as Secretary in the annual meeting of the Club to convene such similar meetings of the Managing Committee. Deviating from the rule, they have issued a show cause notice to the appellant to cover up their own lapses, held the meeting illegally without even affording an opportunity of hearing and terminated the appellant from the membership as well as removed the appellant from the post of Secretary of the Club. According to the appellant, virtually that power is vested in the General Body as per R 30 -1 (f) of the 1st respondent club. On the IA filed by the plaintiff/appellant before the trial court in the suit OS 1848/2010, the trial court has passed the impugned order dismissing the said application.