MANMOHAN SINGH, J.

1. By this order, I shall dispose of I.A. No. 10680/2008 filed by the plaintiff in CS (OS) No. 1844/2008 wherein the plaintiff has sought the ex parte stay of operation of letter dated 1st September, 2008 and the confirmation of the said order after notice.

2. The Plaintiff herein has filed the present suit for declaration and mandatory injunction seeking prohibitory orders against his expulsion from the Delhi Public School Society (hereinafter referred to as the „defendant society?). By doing so, the plaintiff has assailed the letter issued by the Chairman of the defendant society on 1st September, 2008 through which the plaintiff was informed of the reasons for his expulsion and thereafter called upon to withdraw from the society by invocation of Rule II (7) of Rules and Regulations of the defendant society. The plaintiff has challenged the said letter dated 1st September, 2008 on several grounds in the present suit. Along with the suit, the plaintiff filed the present application under consideration for stay of the operation of the impugned letter.

3. The brief factual matrix which has led to filing of the present suit can be summarized as follows. The Plaintiff is stated to be a member of the defendant society since the year 1984. The plaintiff has made high claims about his immense contribution towards the defendant society and his tenure as a president of the same which initiated in 1993 and continued till 2004.

4. The defendant is stated to be a society registered under the Societies Registration Act, 1860 and was formed in the year 1949. The Society at the time of filing of the present suit consisted of the following members :

i) Sh. Salman Khurshid

ii) Dr. A. R. Kidwai

iii) Sh. Inderjit Seth

iv) Lt. Gen. J.S. Bawa

v) Dr. (Mrs.) Usha Luthra

vi) Justice B.N. Kirpal (Retd.)

vii) Dr. Montek Singh Ahluwalia

viii) Sh. V. R. Vaish

ix) Sh. Pramod Grover

x) Sh. Ashok Chandra

xi) Sh. Narender Kumar

xii) Sh. V. M. Thapar

xiii) Sh. Khushwant Singh

xiv) Justice N.N. Goswamy (Retd.)

xv) Dr. (Miss.) A. Nanda

xvi) Sh. V. Shunglu

xvii) Ms. Shovana Narayan

xviii) Admiral I.C. Chopra

xix) Mr. Ravi Vira Gupta

xx) Sh. S. L. Dhawan

xxi) Sh. B. P. Khandelwal

xxii) Ms. Sharda Nayak

5. The plaintiff in the suit discusses the objects of the defendant society and other rules of the society to explain the structure of the society. The said objects and rules as explained in detail on pages 3 to 6 of the plaint are reproduced as under :

“The Memorandum of Association of Delhi Public School Society includes the following significant provisions:-

1. Objects: The objects of the Society shall be:-

(i) To establish progressive schools or other educational institutions in Delhi or outside Delhi, open to all without any distinction of race or creed or caste or special status with a view.

(ii) To impart sound and liberal education to boys and girls during their impressionable years – a type of education that will lay stress on character building, team work, physical development and will infuse in school children a spirit of adventure, fair play and justice.

(iii) To develop among its students a feeling of pride in Indian culture and to produce citizens who will be truly Indian and will rise above social, communal, religious or provincial prejudices.

Rule II(1)

II. Membership

1. For the purpose of registration the Society is declared to consist of 20 members but it may, when it thinks fit, register an increase of members subject to the total membership not exceeding 30 (including the Education member if he is not a member of the society) see VIII, 2 below, at any time excluding ex officio members (Principals of Higher Secondary Schools and Education Member, if he is not a member of the Society)

Rule II (2) (i)

2(i) There may be a President and a Vice President of the Society who will be ipso facto members of the Society and the Working Committee and would be invited to attend any meetings of these bodies.

Rule II (7)

7) The Chairman of