GERALD A FERNANDEZ Vs. BANDRA GYMKHANA

JUDGEMENT

(1.) THE Notice of Motion is taken out by the Plaintiff / Applicant praying for stay of an expulsion order. The Plaintiff is a member of Defendant No.1 gymkhana. By the impugned expulsion order, the Plaintiff was expelled from the membership of Defendant No.1. The expulsion order is challenged in the present suit.

(2.) THE Plaintiff is a senior citizen of 64 years and has been a member of the first Defendant gymkhana over the last 40 years. It is the Plaintiff's case that the Plaintiff has been victimized by the Defendants for raising his voice and objecting to the violations of the Rule Book by the members of the managing committee. It appears that on 29 March 2012, after the Plaintiff's complaint in respect of certain violations in respect of guests to the club, who were allowed entry in the card room without paying guest fees, the Plaintiff was given a show cause notice on 29 March 2012 calling upon the Plaintiff to explain why no action should be taken against the Plaintiff for infraction of Rule 14 of the Club Rules for his alleged action in respect of the entry of 18 guests allowed into the Gymkhana.

(3.) THE record of the case shows that the Plaintiff was issued a show cause notice for an alleged infraction of Rule 14 of the rules and regulations of Defendant No.1 gymkhana. Rule 14 empowers the managing committee of the gymkhana to take cognizance of the infraction of any of the rules or bye -laws, or of ungentlemanly conduct or action, brought to its notice and take action against the member guilty of such infraction or ungentlemanly conduct or action, as the managing committee may consider likely to endanger the harmony or affect the character or stability of the club. The Plaintiff's explanation in this behalf was considered by a disciplinary committee of the gymkhana which came to a conclusion that there was indeed such an infraction or ungentlemanly conduct or action as would endanger the harmony or affect the character or stability of the club. The disciplinary committee thereupon recommended an action under Rule 14 against the Plaintiff. By the time, the managing committee considered the inquiry report and recommendations of the disciplinary committee, the earlier managing committee which had instituted the inquiry had changed and a new managing committee of gymkhana took its place. This managing committee proceeded to consider the report of the disciplinary committee and passed an order of expulsion.