High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE M.S. RAMACHANDRA RAO, J.
Dr. Srinivasa Rao Kothapalli & Others
Versus
Dr. Appa Rao Mukkamala & Others
C.R.P.No. 5180 of 2013
Decided on: 27-12-2013
AP Societies Registration Act, 2001 - Education - S.O.P. against respondents and the Registrar under Section 23 of the Act to declare that they are duly elected as office bearers of the above Society in a General Body Meeting said to have been convened and to direct the Registrar to record the proceedings of the Minutes submitted by them pursuant to the said meeting - Held, In situations such as the one in the present case also, when the Extraordinary General Body Meeting is being called to resolve internal management issues/disputes to facilitate a smooth running of the affairs of the Society, in Courts opinion, it is not proper to grant an injunction restraining convening of the meeting at the behest of the petitioners - As regards the plea of petitioners that both the meetings which took place and as term of the Executive Committee is 2 years, and therefore there is no need to hold a meeting for deciding to conduct fresh election is concerned, admittedly each side disputes the other’s election to the Executive Committee - Petition dismissed.
This Civil Revision Petition is filed under Section 227 of the Constitution of India challenging the order dt.10-12-2013 in I.A.No.2310 of 2013 in S.O.P.No.176 of 2006.
2. M/s.N.R.I. Academy of Sciences (for short ‘the Society’) is a Society, registered under the provisions of the AP Societies Registration Act, 2001 (hereinafter referred to as ‘the Act’) with registration No.482 of 2001 with the District Registrar, Vijayawada (for short ‘the Registrar’)and has its registered office in Vijayawada. The said Society was established with the object of promoting the educational needs in Medical Education, Para Medical Education and Health Sciences etc. The Society had established and is running an N.R.I. Medical College and N.R.I. General Hospital in China Kakani village, Mangalagiri Mandal, Guntur District.
3. The Society has a Memorandum of Association and also bye-laws registered with the Registrar. The petitioners are members of the said Society.
4. They filed above S.O.P. against respondents and the Registrar under Section 23 of the Act to declare that they are duly elected as office bearers of the above Society in a General Body Meeting said to have been convened on 25-01-2013 and to direct the Registrar to record the proceedings of the Minutes submitted by them pursuant to the said meeting.
5. In the said S.O.P., they contended that the membership of the Society is fixed at a maximum of 26 by the bye-laws of the Society; that as per bye-law 8, the Executive Committee consists of 9 persons only elected by the General Body whose term is for two years from the date of election and the said executive committee consists of the President, Vice President, Secretary, Joint Secretary, Treasurer, Joint Treasurer and three Executive Committee Members; that the term of the previous Executive Committee expired on 13-01-2013; that 2nd petitioner, as Secretary of the Executive Committee of the Society, sent a notice on 09-01-2013 to 21 members existing as on that date about holding of a Annual General Body Meeting on 25-01-2013 at 10 a.m. within the premises of Hippocrates Hall of the NRI General Hospital, to elect a new Executive Committee; that on that day, and at that time, a meeting of the General Body took place in which 13 members participated, some in person and some by proxy, wherein the 1st petitioner was elected as President, 4th petitioner as Vice President, and the 2nd petitioner as Secretary of the Executive Committee along with other office bearers; that this was communicated to the District Registrar at Vijayawada on 28-01-2013; on account of misunderstanding among the members, the remaining members did not attend the said meeting, and with an intention to create complications and confusion, got an advertisement issued in Eenadu and Andhra Jyothi Telugu Daily Newspapers on 25-01-2013 stating that General Body Meeting was held on 23-01-2013 in which 1st respondent was elected as a President, 2nd respondent was elected as a Vice President, 3rd respondent was elected as a Secretary and respondent Nos.4 to 11 were elected as other office bearers and as Executive Committee Members; that there was no such General Body Meeting held on that day and in fact, respondent no.s 4 to 11 are not even members of the above Society as they were not legally admitted into the Society as per the procedure.
6. It was contended that respondent no.s 4 to 11, claiming to be members of the Society, and other respondents claiming to be the elected office bearers of the Executive Committee of the Society, started creating confusion and legal complications in the smooth running of the Society and also prevented the petitioners in discharging their duties; that S.O.P.No.797 of 2012 was filed before the District Judge, Krishna at Machilipatnam by one of the members by name Dr.Basaveswara Rao Yalamanchili to declare that there are only 21 members in the Society having a right to vote; that the said Court by order dt.02-01-2013 had declared that there
Govind Sahai and Another Vs. State of Uttar Pradesh and Another (AIR 1968 S.C. 1513)
Pratap Singh Vs. Gurbaksh Singh (AIR 1962 S.C. 1172)
(Hyderabad Karnataka Education society v.Registrar of Societies .. 2000 (1) SCC 566 para 28)
Supreme Court Bar Association v. B.D.Kaushik (2011 (13) SCC 774).
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