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2012 Supreme(Mad) 2138
High Court of Judicature at Madras
R. SUBBIAH
Petitioner
Versus
Respondent
Applications Nos. 184 & 1824 of 2012 in Civil Suit No. 163 of 2012
Decided on : 16-05-2012
The central legal point established is the need for consultation with the President to fix meeting dates and the President's authority as the disciplinary authority for the General Secretary.
Headnote:
NMSI - Dispute over Executive Committee meeting and General Secretary's suspension - Societies Registration Act, 1860, Service Rules, NMSI Constitution - The court analyzed the authority to convene meetings, the validity of the Executive Committee meeting, and the disciplinary authority of the President. The decision emphasized the need for consultation with the President to fix meeting dates, the invalidity of the meeting chaired by a non-office bearer, and the President's authority as the disciplinary authority for the General Secretary.
Fact of the Case:
The plaintiff, a member of NMSI, convened an Executive Committee meeting to extend his tenure, leading to a dispute with the President and subsequent suspension. The court granted an interim injunction, which was later vacated.
Finding of the Court:
The court found that the plaintiff lacked the authority to unilaterally convene the meeting and extend his tenure. It upheld the President's authority as the disciplinary authority for the General Secretary.
Issues: The main issues were the authority to convene the Executive Committee meeting and the validity of the plaintiff's actions in extending his tenure.
Ratio Decidendi: The court held that the plaintiff's actions were invalid as he lacked the authority to unilaterally convene the meeting and extend his tenure. It emphasized the need for consultation with the President and the invalidity of the meeting chaired by a non-office bearer.
Final Decision: The court dismissed the original application, vacated the interim injunction, and allowed the defendant's application to vacate the injunction.
R. Subbiah, J.
1. Original Application No.184 of 2012 is filed by the applicant/ plaintiff to grant an order of interim injunction restraining the respondents/defendants from enforcing the order of suspension dated 28.02.2012 passed by the 1st respondent against the applicant.
2. Application No.1824 of 2012 is filed by the 1st defendant to vacate the order of interim injunction dated 15.03.2012 granted in O.A.No.184 of 2012.
3. The brief facts for disposal of both the applications are as follows:
The applicant in O.A.No.184 of 2012 is the plaintiff in the suit. The applicant is a member of National Missionary Society of India (in short “NMSI"). The membership of the Society may be acquired by any individual or collective Christian individuals, congregations, institutions, organisations to further the objects and policy of the Society through prayer, publicity and contributions. NMSI is a Society registered under the Societies Registration Act, 1860 with the objects to undertake Evangelistic and Missionary work in India and other countries in consultation with the Churches concerned, stimulate the same and to undertake and coordinate with social, medical ameliorative educational and relief work for the public irrespective of caste, creed and religion. In furtherance to the above objects, the Constitution also provides for various spiritual and other works to be undertaken by the Society. NMSI shall have an All India Council which shall be the Supreme Governing Body of the Society. The Council consists of President, five Vice-Presidents, General Secretary, Associate General Secretaries, Treasurer, Organising Secretaries, Area Secretaries, Missionaries and Evangelists in charge of the fields. Further, NMSI shall have an Executive Committee elected by the Council which composes of Presidents, 5 Vice-Presidents, Associate General Secretaries, Treasurer, one representative from each zone as per Article VII, four additional members residing in or near the Headquarters so as to be taken into the Standing Committee, the General Secretary being the employee of the Society is an ex-officio member of the Executive Committee. In all, it has 37 members. The Executive Committee shall have the powers to frame by-laws and such other rules as may be necessary for better implementation of policy and programme of work of the Society. The General Secretary of NMSI shall be appointed either by deputation or by direct recruitment. The candidate shall be a graduate of any recognized University with a degree in theology and shall have put in not less than 5 years of service in the Church or Institution. The age of the candidate should not exceed 50 years. The General Secretary shall be appointed for a period not less than 3 years at a time. In the case of appointment on deputation, a person shall be from an established Church or Institution. In such a case a person whose lien will be retained by the Church or Institution for not less than 3 years will be considered for appointment. In the case of appointment of General Secretary by direct recruitment, the candidate shall be a graduate of any recognized University with a degree in theology and should have taken active part in evangelistic work for not less than 15 years. The age of the candidate should not exceed 60 years and he can be appointed for a period not exceeding 3 years at a time.
4. It is the further case of the applicant/plaintiff that the Search and Selection Committee made advertisements in all church magazines and bulletins and notifications were sent to all Dioceses on 07.01.2009 calling for applications from prospective candidates for the post. The plaintiff applied for the post. Among the other participants, the applicant was selected in interview on 05.03.2009, held at Bangalore. The appointment of applicant as General Secretary was endorsed by the Executive Committee. The Executive Committee meeting shall ordinarily be convened once in a year. As in the previous Execut
