Petitioner is before this Court under Articles 226

and 227 of Constitution of India praying for a writ of

certiorari to quash the order 24.03.2022 bearing

3

No.VCLUB/DMN/DR-4/2021-22/378 issued by third

respondent-Administrator (Annexure-R2).

2.

Heard the learned counsel Sri.K.S.Naresh

Santhosh for the petitioner, learned High Court

Government Pleader for respondent Nos.1 and learned

counsel Sri.Muhammed Shamil for respondent Nos.2

and 3 and learned counsel Sri.Thontadharya.R.K., for

respondent Nos.4 to 6. Perused writ petition papers.

3.

Learned counsel for the petitioner would

submit that respondent Nos.4 to 6 were suspended by

second respondent Club by order dated 23.03.2021 in

exercise of its powers under bylaw 22-A[19] of the Rules

and Regulations [Bylaws] of the Club. It is the

submission of learned counsel for petitioner that

suspension order as well as proceedings against

respondent Nos.4 to 6 for dismissal or termination of

membership were placed before the General Body and

the same was pending before General Body for further

4

consideration.

In

that

circumstances,

second

respondent has no power to pass Annexure-Q office

order dated 24.03.2022 clarifying that in view of Bylaw

22-A[19], order of suspension has come to an end and

the suspension order gets suspended. It is submitted

that by referring to Rule 22-A[19][c] that when once the

matter is placed before the Annual General Meeting or

Special Meeting and until its decision, such member

shall be continued under suspension.

4.

On the other hand, learned counsel for

respondent Nos.4 to 6 would submit that enquiry is not

complete and the matter was not placed before General

Body. Further, he submits that no material is placed on

record to demonstrate that proceedings for removal or

termination of membership of respondent Nos.4 to 6 is

placed before the Annual General Meeting. Learned

counsel would invite attention of this Court to Rule 19

and submits that Managing Committee is empowered to

5

warn/suspend its member not exceeding one year

depending upon gravity of misconduct. Since one year

period has expired, Administrator has clarified the same

under Annexure-Q dated 24.03.2022. Hence, he prays

for dismissal of writ petition.

5.

Having

heard

the

learned

counsel

for

petitioner and learned counsel for respondent Nos.4 to 6

and on perusal of writ petition papers, I am of the view

that the petitioner would not be entitled for relief as

prayed in the writ petition.

6.

It is not in dispute that respondent Nos.4 to

6 were suspended from the club under Annexure-E

dated 23.03.2021 alleging certain misconduct against

them. The suspension is in exercise of power under Rule

22-A[19] of the Bylaws of the Club. Rule 19 reads as

follows:

<(19). Disciplinary Action

The Managing Committee is empowered

to warn / suspend a Member for a period not

6

exceeding one year depending upon the

gravity of the misconduct and also dismissal.=

7.

A reading of the above Rule makes it clear

that Managing committee is empowered to suspend

member for one year depending on the gravity of the

misconduct. In the instant case, order of suspension

was passed on 23.03.2021 and one year expired on

23.03.2022. In that circumstance, Administrator under

Annexure-Q clarified the position as stated in Rule 19 of

the Bylaws. Further, learned counsel for petitioner

invited attention of this Court to Rule 19[13][c] which

reads as follows:

<(c)

TERMINATION

OR

REMOVAL

FROM THE MEMBERSHIP

All matters pertaining to termination or

dismissal of Members from the Club, shall be

placed before the Annual General Meeting or

the Special General Meeting under RULE

30(1)(f) and until its decision, such Members

shall be continued under suspension. The

7

decision of the General Body is final in all

such matters.

Note: The Managing Committee, with

the approval of the General Body, shall

prescribe

the

procedure

for

conducting

enquiry against the Members of the Club,

with provision/s for appointing an Enquiry

Officer

and

Presenting