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2020 Supreme(Mad) 1456
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
S. Siby Rajesh – Appellant
Versus
The Chennai Refle Club Rep. by its Secretary, “Affiliated to National Rifle Association of India”, Chennai & Others – Respondent
O.A.Nos. 570 to 572 of 2020 in C.S.No. 303 of 2020
Decided On : 18-12-2020
For the Applicant :AR.L.Sundaresan, SC, AL.Gandhimathi, Advocate.
For the Respondents:R1 & R2, Vijay Narayan, A.G., Asst. By R. Udhaya Kumar, AGP, R3, P. Veena Suresh, Advocate.
The power to co-opt from among the members of the club does not require an election process and the appointment must be made by the Executive Committee after giving notice to all the members.
Headnote:
Interim Injunction - Club Election Dispute - Bye Laws VIII 7 (b) - The court dismissed the applications for interim injunction to restrain the respondents from conducting fresh elections for the post of Honorary Secretary of the club, as the appointment of the applicant as Honorary Secretary was found to be contrary to the Bye Laws. The court held that the power to co-opt from among the members of the club does not require an election process and that the appointment must be made by the Executive Committee after giving notice to all the members. The court also directed the bank accounts to be operated by specific club officials until the interim vacancy is filled as per the Bye Law.
Fact of the Case:
The applicant filed applications for interim injunction to restrain the respondents from conducting fresh elections for the post of Honorary Secretary of the club, as the appointment of the applicant as Honorary Secretary was found to be contrary to the Bye Laws. The suit was filed for declaration of the minutes passed in the meeting held on 02.10.2020 as illegal.
Finding of the Court:
The court found that the appointment of the applicant as Honorary Secretary was contrary to the Bye Laws and that the election process conducted on 24.09.2020 was against the Bye Laws. The court also found that the applicant was aware of the meeting held on 02.10.2020 and the decisions taken during that meeting.
Issues: The main issue was whether the appointment of the applicant as Honorary Secretary was valid and in accordance with the Bye Laws, and whether the subsequent decisions taken in the meeting on 02.10.2020 were legal.
Ratio Decidendi: The court held that the power to co-opt from among the members of the club does not require an election process and that the appointment must be made by the Executive Committee after giving notice to all the members. The court also emphasized that the appointment of the applicant as Honorary Secretary was contrary to the Bye Laws and that he cannot claim a right to continue in that position.
Final Decision: The court dismissed the applications for interim injunction and directed the bank accounts to be operated by specific club officials until the interim vacancy is filled as per the Bye Law.
JUDGMENT :
(Prayer: Applications filed under Order XIV Rule 8 of O.S. Rules read with Order XXXIX Rule 1 of CPC for interim injunction restraining the respondents from conducting any fresh election for the post of Honorary Secretary of the 1st respondent Club pursuant to the resolutions said to have been passed as recorded in the minutes of the Executive Committee Meeting dated 02.10.2020 of the first respondent Club, for interim injunction restraining the third defendant from in any manner discharging the functions of Honorary Secretary of the first respondent Club or operating the bank accounts of the 1st respondent Club, for interim injunction restraining the respondents from in any manner interfering with the right of the applicant from functioning as the Honorary Secretary of the first respondent Club, pending disposal of the suit.)
These applications have been filed by the applicant for interim injunction to restrain the respondents from conducting any fresh elections for the post Honorary Secretary of the first respondent Club pursuant to the resolution passed in the Executive Committee Meeting dated 02.10.2020, for interim injunction restraining the third respondent from in any manner discharging the functions of the Honorary Secretary of the first respondent Club or operating the bank accounts of the first respondent Club and for interim injunction restraining the respondents from in any manner interfering with the rights of the applicant from functioning as the Honorary Secretary of the first respondent Club, pending disposal of the suit.
2. The suit has been filed by the plaintiff for the following reliefs :
a] for a declaration, declaring that the Executive Committee Meeting held on 02.10.2020 of the first defendant Club and the resolutions said to have been passed in the said meeting as recorded in the minutes, signed by the defendants 2 and 3 herein as illegal, ultra vires, the rules and regulations of the first defendant Club;
b] for permanent injunction restraining the defendants from in any manner conducting a fresh election for the post of the Honorary Secretary of the first defendant Club pursuant to the purported minutes of the meeting of the Executive Committee of the first defendant Club dated 02.10.2020.
c] for permanent injunction restraining the third defendant herein from discharging the functions of the Honorary Secretary and operating the bank accounts of the first defendant Club.
d] for cost of the suit.
3. It is the contention of the applicant that he has become the member of Chennai Refile Club in the year 2002 and executive member of the said Club from 2007 till date. In terms of the Bye law VI (I) (a), election for office bearers was conducted on 07.01.2020. The Commissioner of Police, Chennai shall be the ex-officio President of the Club and the Additional Commissioner of Police shall be the Ex-Officio Vice President of the Club and the tenure of the office bearers is three years. One Seetha Rama Rao was elected as the Honorary Secretary and the third defendant was elected as Honorary Joint Secretary and the applicant herein was elected as Quarter Master and one Mr.Satish was elected as one of the Committee Members. The said Seetha Rama Rao, who was elected as the Honorary Secretary, due to his personal inconvenience, resigned from the post of Honorary Secretary on 12.09.2020.
4. In terms of the Bye Laws VIII (7) (b), interim vacancies in the Executive Committee shall be filled by the Executive Committee by co-option from among the members of the club. In accordance with the said clause, in a meeting of the Executive Committee held on 24.09.2020 for a co-option, since there were few choices expressed, elections was held and the applicant offered him as one of the candidate. The third defendant also contested for the said post. In the said elections held on 24.09.2020 for co-option, the applicant had secured 7 votes, while the third defendant secured 3 votes and the other candidate secured one vote.
