Neutral Citation Number: 2023:DHC:3096

CS(OS) 705/2022

Page 1 of 21

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 12.04.2023

Date of decision: 09.05.2023

+

CS(OS) 705/2022

RANJAN DHINGRA

..... Plaintiff

Through:

Mr.S.K.Dubey, Sr. Adv. with

Ms.Niharika Dubey, Mr.Venus

Anand, Advs.

versus

ROTARY INTERNATIONAL & ORS.

..... Defendants

Through:

Mr.J.P.Sengh, Sr. Adv. with

Mr.R.L.Sinha,

Mr.Siddharth

Dutta, Advs. for D-1.

Mr.Dayan Krishnan, Sr. Adv.

with

Mr.Rishi

Agrawala,

Mr.Pranjit

Bhattacharya,

Mr.Shravan Niranjan, Advs. for

D-2.

JUDGMENT

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

I.A.18736/2022

1.

This application has been filed by the plaintiff under Order

XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908

(hereinafter referred to as the „CPC‟) praying for the following reliefs:

Digitally Signed By:SUNIL

Signing Date:10.05.2023

13:37:32

Signature Not Verified

Neutral Citation Number: 2023:DHC:3096

CS(OS) 705/2022

Page 2 of 21

the present suit.”

I.

Case of the Plaintiff:

2.

The plaintiff has filed the present suit challenging the Election

Result dated 04.03.2022 for the post of RI Director, Zone-4 (2023-25)

of the defendant no. 1, declaring the defendant no.2 to be the Director

for Zone-4. The plaintiff further challenges the Rotary International

(in short „RI‟) Board Decision dated 17.08.2022, communicated to the

plaintiff vide email dated 20.08.2022, rejecting the challenge of the

plaintiff and the defendant no.3 to the said Election.

3.

It is the case of the plaintiff that the defendant no.1, through its

Director, vide email dated 01.07.2021, informed that the Nominating

Committee for Zone-4 will meet on 02.10.2021 to nominate the next

RI Director for the Zone-4 who would serve on the RI Board for the

period from 2023-2025. It was further stated that the intending Clubs

may submit a qualified Rotarian for consideration of the Nominating

Committee for Director in the said Zone not later than 01.09.2021.

The defendant no.3 submitted the name of the plaintiff for selection as

the RI Director for Zone-4, to serve from 2023-2025. The Nominating

Committee selected the plaintiff as the RI Director for Zone-4.

4.

Vide an email dated 12.10.2021, and in terms of RI Bylaws

11.020.19, the District Governor and the Club Presidents in the Zone-

4 were informed of the decision of the Nominating Committee and

were further informed that unless another qualified Rotarian has been

Digitally Signed By:SUNIL

Signing Date:10.05.2023

13:37:32

Signature Not Verified

Neutral Citation Number: 2023:DHC:3096

CS(OS) 705/2022

Page 3 of 21

duly proposed as a challenging candidate before 1^st December, 2021,

the plaintiff shall be declared as the Director-nominee for Zone-4. The

email further stated that if a valid challenge is received, the Secretariat

will prepare and distribute the electronic ballot by 31^st December,

2021, listing the choice of Zone‟s Nominating Committee and any

challenging candidate who was endorsed by a majority of the Clubs in

the district.

5.

Vide a subsequent email dated 07.12.2021, all Club Presidents

in the Zone-4 were informed that the RI General Secretary has

received a challenge to the Director-nominee selected by the Zone 4

Director Nominating Committee, that is, the plaintiff herein, and as a

result thereof, there will be a voting amongst Clubs to choose the

Director-nominee. The voting was to be conducted electronically, and

the various Clubs had to cast their votes electronically between

29.12.2021 to 01.03.2022.

6.

The voting accordingly took place, and on 04.03.2022, the

result of the final round of voting was announced, as under:

Candidate

Total Weighted and

Distributed Vote

T.N. (Raju) Subramanian

821 Ranjan Dhingra

809

7.

On the n