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2022 Supreme(Online)(Mad) 81759
MADRAS HIGH COURT
JOSEPH ABRAHAM – Appellant
Versus
THE MADRAS MEDICAL MISSION AND ANOTHER – Respondent
OA 451/2022
O.P.No.451 of 2022
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OA.No.451 of 2022
A.No.3177 of 2022
& C.S.No.154 of 2022
KRISHNAN RAMASAMY,J
Today when the matters are taken up for hearing, Mr.Vijay
Narayanan, learned Senior counsel for M/s.Hari Radhakrishnan appearing
for the applicant/plaintiff mainly raised an issue with regard to the manner
of conducting the election that the applicant/plaintiff is the member of the
Society and hence he is entitled to receive the notice but he was not served
with any notice. He further submitted that initially the applicant/plaintiff
was suspended as early as on 19.10.2020 and against the said suspension, a
suit in C.S.No.329 of 2020 along with O.A.Nos.624 and 625 of 2020 were
filed before this Court, challenging the suspension of the applicant/plaintiff
from the membership.
2.Initially interim stay was granted and the Original Applications
came to be dismissed vide order dated 29.04.2021. Therefore, even as per
the notice dated 19.10.2020, the period of suspension was for period of six
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months, which stood expired on 19.04.2021 and even if the period of six
months is taken to begin from the date of dismissal of O.A.Nos.624 and 625
of 2020, the said period of six months would get expired on 29.10.2021.
Thereafter, they will become the active members of the Society and thereby,
they are entitled to the notice, whereas, in the present case, despite
suspension period was over, no notice was served on the applicant/plaintiff.
3.The learned Senior counsel further submitted that pursuant to the
interim direction granted by this Court in O.A.No.725 of 2021, EGM was
conducted on 22.11.2021 and resolution to remove the 2nd respondent as
interim Secretary was passed with an overwhelming majority of 77 members
and as such, the 2nd respondent is no longer interim Secretary of the 1st
respondent society.
4.The learned Senior counsel also submitted that since the 2nd and 4th
applicants were suspended, as on date, the Governing Board is defunct since
only five members out of the minimum quorum of seven members and
therefore, no decision could be taken by the Governing Board to call for
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elections. However, in the notice dated 15.07.2022, it was stated that the
the proposed election is being held in view of the exigent situation as there
is no sufficient quorum for conducting the meeting of the Governing Board
of the 1st respondent society. The learned Senior counsel pointed out that
except this, no other reasons were mentioned in the notice for not
conducting the election in the year 2021 and kept the Governing Bo
