VIDYA CHARAN SHUKLA Vs. TAMIL NADU OLYMPIC ASSOCIATION

JUDGEMENT

(1.) The respondent in Contempt Application No. 157 of 1990 has preferred this appeal against an order passed in Sub Application No. 230 of 1990 in which learned trial Judge has directed that the first defendant in C. S. No. 481 of 1990 continues to be the President of the Indian Olympic Association and the resolutions, if any, purported to have been passed appointing the appellant as President of the Indian Olympic Association would be of no legal consequence and would have no legal effect and the office premises of the Indian Olympic Association be restored by him to the first defendant in the suit.

(2.) The Tamil Nadu Olympic Association represented by its General Secretary, the second plaintiff, who has also been the Joint Secretary of the Indian Olympic Association, has filed the suit impleading the first defendant described as the President of the Indian Olympic Association and the second defendant described as the Secretary General of the Indian Olympic Association and alleging that the Association is a Society registered under the Societies Registration Act having its office at New Delhi. The members of the Association consist of National Sports Federations/ Associations whose sport is included in the Olympic/Asian. or Commonwealth Games, National Sports Federations/Associations which represent widely played Indian sports recognised by the Association, Olympic Associations of States as well as centrally administered Union Territories, service Sports Central Boards and Indian citizens who are members of the Olympic Committee. The Association has its own constitution containing the Memorandum of Association and Rules and Regulations which is the binding contract between the members of the Association. The management of the Association is entrusted to the Executive Council constituted under the Rules. Article VII of the Constitution provides that election would be held once in four years at the Annual General Meeting to elect the Executive Council Members from amongst the representatives of the members present and that an office-bearer of the Association would hold office as such for one term of four years on obtaining simple majority votes in the election. In the election held on 27-11-1988 at Park Sheraton Hotel, Madras, the first defendant was elected as the President and the second defendant was elected as the Secretary General and in addition as provided under Article VII above, Executive Council Members were also selected and, "including the two I.O.C. representatives, there are now 39 members of the Executive council with whom the administration of I.O.A. is entrusted under the provisions of the I.O.A. Constitution."

(3.) 1.On 16-5-1990 however a notice was served in the office of the President of the Association stating, "Notice is hereby given that a Requisitioned Special General Assembly Meeting of the Indian Olympic Association under Article VI of the constitution of the I.O.A. be convened at New Delhi, the head quarters of the I.O.A. within one month from the date of receipt of this letter.