MAJOR MELLA SINGH Vs. PRESIDENT JULLUNDUR CLUB LTD

JUDGEMENT

(1.) JULLUNDUR Club Ltd. , Jullundur Cantonment, is a public limited company incorporated under the Indian Companies Act. The annual general meeting of the club for the year 1968 was held on 28th of September, 1968, at the club premises. Major Mella Singh (retired), a resident of Jullundur Cantonment and a permanent member of the club, had submitted certain objections in writing to the club, pointing out certain irregularities, mostly relating to the accounts, etc. , which accounts were to be passed at that general meeting. According to Major Mella Singh, who is the petitioner in this case, this annoyed the committee, managing the affairs of the club, which, inter alia, included Group Captain J. G. Shukla, who presided at the aforesaid annual general meeting of the club in the absence of the chairman. Six persons were to be elected as the members of the managing committee for the next year. For these six posts, seven names were proposed and seconded, including the name of Major Mella Singh, petitioner. Out of the remaining six, four were officers of the defence forces including Group-Captain Shukla and two were civilian members, namely, Mr. K. S. Mathra Dass and Guru Amarjit Singh. Thus, there being seven names for six vacancies, votes had to be taken. The petitioner and four others demanded "election by poll". Article 27 of the articles of association of the club relating to the question of voting provides as follows :

(2.) AS the requirements of this article were fulfilled inasmuch as five members had demanded a poll, this request was granted and the chairman explained that under Article 28 of the articles of association he, as the chairman, was to fix the manner, time and place of the poll. The chairman directed that the poll be taken then and there and the procedure adopted by him was as given in the minutes of the meeting of the club (exhibit R. W.-1) as follows:

(3.) THE chairman also informed the house that valid proxies from the following three members had been received : (a) Group Capt. J. G. Shukla-17 (b) Lt. Col. Charanjit Singh-6 (c) Major Mella Singh (Retd.)-8