K L KATYAL Vs. CENTRAL SECRETARIAT CLUB REGD

JUDGEMENT

(1.) This order disposess of I.A. 6279/94, an application underorder 39 Rules 1-2 CPC seeking grant of ad interim injunction restraining the operation of letters/memos dated 31.5.94 issued by Shri A.S. Sarin President of the Central Secretariat Club, defendant No.2 against the plaintiffs and also restraining the holding of the Annual General Meeting of the Central Secretariat Club scheduled to be held on 26.6.94. This Court has stayed the AGM scheduled to beheld on 26.6.94. The date having already passed, the second relief has become practically redundant. It is the first relief that is now the core of controversy.

(2.) The Central Secretariat Club (Regd) (hereinafter referred to as the Club, for short) is a voluntary organisation. Its members primarily consist of employees of Central Secretariat of the Govt of India, though the membership is open to a few others aswell. It is governed by a Constitution. Here itself it Would be apposite to extract and reproduce a few relevant provisions of the Constitution Which were referred to by the learned counsel for the parties at the time of hearing. They are : "7. General Body: (a) The General Body of the Club shall consist of all the members excluding Associate Members of the Club and it shall be the Supreme Body and shall have powers to: (i) Take decisions on all matters relating to the affairs of the Club and its decision shall in case of repugnancy prevail over the decisions of other bodies or committees of the Club. (ii) Elect he Executive Committee and dismiss it or any member thereof before the expiry of its term by a resolution passed by a 2/3rd majority of the members present and voting provided such an item is already on the agenda. (iii) ............... (iv) ............ (b) The General body of the club shall ordinarily meet at least once a year on or before the 30th June. Additional ordinary meetings of the General Body can be held by a decision of the Executive Committee as and when considered necessary. (c) The Extraordinary mee ting of the General body may be convened by the Executive Committee as and when considered necessary to decide any matter of importance and of immediate nature. (d) Meeting of the General Body can also be convened by the Executive Committee on a written requisition signed at least by 30% of the voting members on roll of the club on the date of such a requisition, within a calendar month of the date of the receipt of such a requisition. (e) to (j).............. (k) Such items shall be taken first for consideration in an Ordinary General meeting as are on the agenda in the order of the priority shown therein unless the priority is changed with the permission of the Chair. Except the question of punishment of any member or no confidence motion in any office bearers or executive Committee, other items may also be taken up for consideration at the end of the agenda if specifically permitted by the Chair. (1) to (m) ............... 8. Procedure for Election : (a) to (f)................. (g) A list of the members of the Executive Committee shall be sent to Registrar, Cooperative Societies Delhi Administration after every Annual General Election. 9. Management Powers and functions of the Executive Committee (b) Executive Committee shall be responsible for the day to day management of the affairs of Club and shall have powers to; (i) .......... (ii) .......... (iii) Deal with all matters relating to the Club subject to the limitation prescribed in the Constitution. (ix) Take steps to protect and defend the interest of the Club. (xvi) Impose penalties on the members as provided in Clause 15. IS. Penalties : The following penalties may, for good and sufficient reasons and as hereinafter provided be imposed on a member, namely :- (b) Major Penalties : (ii) Removal from any of the offices or the membership of the Executive Committee. (d) Subject to the rules framed by the Executive Committee in this behalf, the major penalties may be imposed by the Executive Committee by a resolution passed by the two third majority of its members present and voting.The decision of the Executive Committee may be reviewed by resolution passed by two third majority of the members present and voting.

(3.) It is not disputed that Mr A.S. Sarin is the President of the Club. The two plaintiffs, namely, K.L.Katyal and K.C. Malhotra are respectively Hony. General Secretary and Jt. Secretary of the Club. They were so elected in the General Body meeting held on 27.6.93. On 28.5.94, the plaintiffs received a requisition for emergent meeting of the Committee forwarded by defendant No.2 to plaintiff No.1. The note of defendant No.2 mentioned on the requisition .contained a proposal to convene the meeting of the Executive Committee at the earliest as more than thirty per cent of the members of the Executive Committee had requisitioned the same. The requisition was returned by plaintiff No. I to defendant No.2 along with his note denying the allegations made in the requisition and further stating that there was no emergency to convene an emergent meeting as the matter could very well be taken up for consideration at a regular meeting to be held in ordinary course, on 31.5.1994, the two plaintiffs received two memos, the language whereof is identical. It is stated therein that the Executive Committee at its sitting on 30.5.94 had considered matter as to defiance by the plaintiffs of the decision of the Executive Committee with regard to enrollment of new members and as to gross irregularities in the matter of appointment of Returning Officer; the committee had unanimously decided to divest the plaintiffs of all the powers of the General Secretary/ Joint Secretary till the matter was finally decided by the Disciplinary Committee/Executive Committee before which the plaintiffs would be given a chance to defend themselves. The memos further proceed to state that Shri K.L. Narula and Shri R.K. Wahi were appointed to perform the functions of General Secretary and Joint Secretary during the period.