PROF.BASHEER.E Vs. MUSLIM ASSOCIATION TRIVANDRUM

JUDGEMENT

(1.) The defeated plaintiff is the appellant. The suit is one for declaration. The issue involved relates to the induction of new members to the first defendant association.

(2.) "The Muslim Association, Trivandrum" - the first defendant, is a society registered under the Travancore-Cochin (Literary, Scientific and Charitable Societies) Registration Act, 1955. Ext.A2 is the bye-law of the Society. In the General Body Meeting of the Association held on 30.06.2007, it was resolved that since various illegalities had occurred in the issuance of membership, norms are to be formulated for the grant of membership and for the said purpose a committee is to be constituted, based on whose report the bye-law is to be amended. It was further resolved that, till such report is obtained, fresh membership need not be issued. Pursuant to the decision, though committees were constituted and reconstituted, practically nothing took place till 9.6.2011 when the Committee submitted its recommendations. Even thereafter, except for constituting another Sub Committee to study the report and consider regarding amendment of the bye- laws, the process did not culminate.

(3.) While so, the 49th Annual General Body of the Association was held on 24.09.2016. Discussions were held regarding bye-law amendment and grant of membership. The president informed that the committee constituted for the purpose on 2.10.2015 had submitted its report in August, 2016 and that it will be discussed in the Executive Committee and the recommendations for amendment of the bye-law will be placed before a Special General Body. It was unanimously accepted by the General Body. Taking note of the fact that for the past ten years, no new members were inducted, it was unanimously resolved to induct at least 250 members, in addition to the induction of legal heirs of deceased members. It was decided to take steps in the said regard expeditiously.