Bombay High Court
The Computer Society Of India vs Gautam Mahapatra, President Of ... on 22 April, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.111 OF 2022
ALONG WITH
INTERIM APPLICATION NO.624 OF 2022
ALONG WITH
INTERIM APPLICATION NO.623 OF 2022
ALONG WITH
INTERIM APPLICATION NO.625 OF 2022
ALONG WITH
INTERIM APPLICATION NO.631 OF 2022
ALONG WITH
INTERIM APPLICATION NO.621 OF 2022
ALONG WITH
INTERIM APPLICATION NO.629 OF 2022
ALONG WITH
INTERIM APPLICATION NO.622 OF 2022
ALONG WITH
INTERIM APPLICATION NO.628 OF 2022
ALONG WITH
INTERIM APPLICATION NO.627 OF 2022
ALONG WITH
APPEAL FROM ORDER (STAMP) NO.104 OF 2021
ALONG WITH
INTERIM APPLICATION (STAMP) NO.2887 OF 2021
ALONG WITH
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INTERIM APPLICATION (STAMP) NO.108 OF 2021
ALONG WITH
INTERIM APPLICATION (STAMP) NO.13867 OF 2021
ALONG WITH
INTERIM APPLICATION (STAMP) NO.3769 OF 2021
The Computer Society of India ] ... Appellant
Vs.
Gautam Mahapatra, President of ]
Computer Society of India. ] ... Respondent
...
Mr. Shriram S. Kulkarni with Ms. Minal Chavan for the
appellants.
Mr. Ramesh D. Soni with Ms. Savita N. Malkampate i/b Usha S.
Agarwal for respondent No.1.
Mr. Siddha Pamecha with Ms. Rukshin Ghira and Ms. Zenia Irani
i/b M. Mulla Associates for respondent No.2.
Ms. Fereshte Sethna with Mr. Aniket Nimbalkar and Ms. Aboli
Mandlik i/b DMD Advocates for the applicant in Interim
Application (St.) No.3769 of 2021 and Interim Application No.631
of 2022.
Mr. Namrata Maru i/b Mohammed Najmi for the applicant in
Interim Application Nos.622 of 2022, 623 of 2022, 624 of 2022,
628 of 2022 and 629 of 2022.
Mr. K.C. Prusty for respondent No.3.
...
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CORAM : SMT. BHARATI DANGRE, J.
DATED : 22ND APRIL, 2022.
P.C. :-
1. The present appeals are filed by the Computer Society of
India (for short, "CSI"), a Society registered under the Public
Societies Registration Act and established for the purpose of the
scientific and educational advancement of all aspects of the theory,
design and practice of the Information Technology, including
Computer Science, Computer Engineering and Technology and
related Arts and Sciences.
2. The long drawn differences in it's working resulted in the
Society initiating action against it's Vice President cum President
elect. At one point of time, being aggrieved by an attempt to hold
it's election or interfere with it's functioning, a suit came to be
filed by the Society being Suit No.2174 of 2018 against the
contesting defendant, Mr. Gautam Mahapatra.
Between the interregnum, the Ad-hoc Nomination
Committee elected the Vice President and other Body in the year
2018, the tenure of which has come to an end.
Much water has flown in the subsequent years, over the
affairs of the company, when the doors of this court were knocked
from time to time and various reliefs came to be granted. The
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events took a turn, when it is the allegation of the Society that the
persons representing it, joined hands with Mr. Gautam Mahapatra
and continued with the illegalities and irregularities.
3. S.C. Suit No.755 of 2019 came to be filed by Mr. Gautam
Mahapatra against the Society and I am concerned with an order
passed by the City Civil Court at Dindoshi, Mumbai on a notice of
motion taken out in the said suit for interim relief, restraining the
defendants from conducting CSI Elections for the year 2021-
2022/2023 and from conducting subsequent years years elections.
The notice of motion being made absolute on 18/12/2020, has
resulted in the CSI filing the present appeal.
4. The longish sequence of events narrated before me, leads me
to a conclusion that there are two factions working in the CSI and
the differences between them are deepening.
An attempt on part of my learned predecessor (Justice
Prithviraj K. Chavan), directing the Master & Assistant
Prothonotary (Admn.) to be appointed as Administrator to preside
over the Annual General Meeting to be held on 31/01/2021 for the
purpose of deciding the election strategy and defuse the situation,
did not yield much result. This court directed the Master and
Assistant Prothonotary (Admn.) to conduct the meeting, after
ensuring that all the members have been duly served with the
notices and he was also directed to constitute an Executive
Committee and a Nomination Committee thereafter for the year
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2021 to 2023.
In furtherance of the said direction, the authorized officer of
the Court abided by the order and constituted the Nomination
Committee and also elected the President, Secretary, Treasurer and
Vice President in the very same meeting held on 31/01/2021 at
Hyderabad.
5. The said report is placed before me and I have perused the
said report in which it is recorded that the registered members
were issued notices of AGM and this included 7569 members and
by the members present raising their hands to caste their vote in
favour of the proposed members, the elections to the four posts
were concluded.
6. I need not go into the niceties of the reports and its
correctness, as the parties have advanced diametrically opposite
arguments to canvass about the manner in which the meeting has
been conducted. Despite their strong disagreement, both the
factions i.e. the appellant and the respondent agree that the CSI is
governed by its Constitution framed in the year 2013 and by it's
Bye-laws authorizedly framed, which set out the manner in which
the meetings of the CSI shall be conducted so also, the elections.
A copy of the Constitution and the Bye-laws is placed before me
and Article 5 of the same sets out the criteria for Nominations and
Elections and the manner in which the said proceedings shall be
adopted.
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7. Pertinent to note that as per the Bye-laws of the CSI, the
management shall comprise of the General Body, the National
Council, the Executive Committee, the Corporate Officers, and the
Think Tank. The Think Tank shall comprise of all past Presidents,
fellows of CSI Executive Committee Members, Executive
Director, Executive Secretary and Special Invitees by the
President. As per the Constitution, the CSI Think Tank is an
Advisory Forum.
8. On running through the sequence of events for the last five
years commencing from the institution of suit in the year 2018 till
date, I cannot just ignore an important aspect, being that the
Society has gone through distinct turmoils and what can be seen is,
that a Society formed with a laudable object, comprising of high
intellectuals are required to spend their time and energy upon
squabbling amongst themselves and litigating, instead of focussing
on it's objectives.
Noting that the term of earlier Body has come to an end in
March, 2022, it is high time that the election to the posts of the
various Committees should be held, but strictly in accordance with
the Constitution and Bye-laws. The elections conducted in a
democratic process as contemplated by the Constitution and the
Bye-laws of the Society will appease all the contenders, whether
together or at rivals, and the unrest within the Society will be a
matter of past.
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9. Article 5 of the Constitution of the Society contemplates
Nominations and Elections to be conducted through the
Nomination Committee constituted in accordance with the Bye-
laws by submitting a list of nominees to the Executive Committee
for such offices as may be specified in the Bye-laws, to be elected
by voting members or groups of them. Article 5.4 of the
Constitution contemplates that the Nomination Committee shall
supervise the conduct of the Elections, the counting of the ballots
and communicate the results to the Executive Committee for
declaring the results as given in the Bye-laws.
10. Bye-law No.5 provides for Nominations and Elections and
contemplate the elections to be conducted through various
agencies like the National Security Depository Limited (NSDL) or
Central Depository (India) Limited (CDSL).
11. On perusal of the Constitution and Bye-laws of the CSI, I
am of the firm view that the elections to various posts of the
Committee deserve to be conducted strictly in accordance with the
Constitution and Bye-laws. However, it has become necessary to
have a co-ordinating team in existence, to overlook the conduct of
the elections and, therefore, I had asked the respective counsel to
give names of three persons of high stature and integrity and
mindful of the welfare of the CSI, who shall be included in the
Three-Member Committee, which shall hold the election for
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remaining period of odd years 2022-2323/2024 for various posts.
I have also obtained the details about the posts for which the
elections are required to be conducted.
12. The following order is, therefore, passed so as to deflate the
existing turmoil in the working of the Society on account of the
elections being alleged to have been conducted without authority,
as per the Society. The following order shall bind all the parties.
ORDER
(1) A three-member Committee comprising of following members of The Computer Society of India is hereby appointed to hold the Elections for the year 2022-2023/2024 and to steer CSI until conclusion of elections:
(i) Mr. N. Anand Rao - Member suggested by the Appellants.
(ii) Mr. Abraham Koshy - Member suggested by respondent No.1.
(iii) Mr. S. Mahalingam, Ex-CFO of TCS, -
Member suggested by the intervenor.
(2) The three-member Committee will hold the Election for the remainder period of Odd Year 2022-2023/2024 from the head Quarters of CSI at Mumbai, for the following posts:
AJN ::: Uploaded on - 22/04/2022 ::: Downloaded on - 23/04/2022 14:12:14 ::: 9/15 01 AO-111.22.doc Sr. Post No.of Tenure (years) No. Posts
1. President 1 (2022-31/03/2023)= 1
2. Vice-President (President Elect) 1 (2022- 31/03/2023) = 1
3. Nomination Committee 3 (2022- 31/03/2023) = 1
4. Treasurer 1 (2022- 31/03/2024) = 2
5. Secretary 1 (2022- 31/03/2024) = 2
6. Regional Vice-President-1 (Odd 1 (2021- 31/03/2023) = 1 Year)
7. Regional Vice-President-3 (Odd 1 (2021- 31/03/2023) = 1 Year)
8. Regional Vice-President- 5 (Odd 1 (2021- 31/03/2023) = 1 Year)
9. Regional Vice-President- 7 (Odd 1 (2022- 31/03/2024) = 2 Year)
10. Regional Vice-President-2 (Even 1 (2022- 31/03/2024) = 2 Year)
11. Regional Vice-President-4 (Even 1 (2022- 31/03/2024) = 2 Year)
12. Regional Vice-President-6 (Even 1 (2022- 31/03/2024) = 2 Year)
13. Regional Vice-President-8 (Even 1 (2022- 31/03/2024) = 2 Year)
14. Divisional Chairperson (Div. 1) 1 (2022- 31/03/2024) = 1 (Odd Year)
15. Divisional Chairperson (Div. 3) 1 (2022- 31/03/2024) = 1 (Odd Year)
16. Divisional Chairperson (Div. 5) 1 (2022- 31/03/2024) = 1 (Odd Year)
17. Divisional Chairperson (Div. 2) 1 (2022- 31/03/2024) = 2 (Even Year)
18. Divisional Chairperson (Div. 4) 1 (2022- 31/03/2024) = 2 (Even Year) (3) The Three-Member Committee shall be strictly adhearing to the Constitution and Bye-laws of CSI in the conducto f the elections right from the stage of notifying the election programme till the declaration of the results. The Committee shall seek the data-base of the voters from the appellant, the respondents and the intervenor and the Committee shall then verify the entire data and upload the list of eligible voters on the official web-site of the CSI.
AJN ::: Uploaded on - 22/04/2022 ::: Downloaded on - 23/04/2022 14:12:14 ::: 10/15 01 AO-111.22.doc (4) The CSI Constitution and Bye-laws envisage the following election process:
Sr. Bye Mechanism as per CSI Timeline Estimated No. law Bye-laws prescribed Timeline in CSI Bye-
laws 1
1. 5.1.1. Nominations Committee Not later Day Zero shall invite the names of than October Voting Members, for 15 considering them for the various elective offices of the Executive Committee and Nominations Committee.
2. 5.1.4, Nominations Committee - Day 30 5.1.5 shall scrutinize nominations and finalise the election slate
3. 5.2 Nominations Committee Not later Day 37 shall communicate to than Executive Committee the November 22 names of nominees together with their bio-data, statement of intent and an undertaking from the candidate that he will attend at least 3 meetings in a year.
4. 5.3 Executive Committee shall - Day 44 consult each of the nominees and if he so requests, in writing, his name shall be withdrawn.
5. 5.4 Publication of slate by Not later Day 60 Executive Committee than through a publication that is December 15 distributed to the entire membership.
6. 5.5 Nominations Committee Not later Day 60 shall prepare election than ballots. Final slate that December 15 1 In view of no valid Executive Committee or Nominations Committee, functions may be discharged by the Three-member committee.
AJN ::: Uploaded on - 22/04/2022 ::: Downloaded on - 23/04/2022 14:12:14 ::: 11/15 01 AO-111.22.doc Sr. Bye Mechanism as per CSI Timeline Estimated No. law Bye-laws prescribed Timeline in CSI Bye-
laws contains the reference to the location of bio-data and statement of intent of the nominees for each of the elective offices shall be published on CSI website
7. 5.5 Electronic Balloting will 1 January to Day 107 take place. The balloting 31 January, will start on January 1 and not less than end no later than January 31. 30 days
8. 5.6 Balloting Report shall be Not later Day 112 checked under the than 5th supervision of the working day Nominations Committee. from receipt of ballots
9. 5.7 Nominations Committee At the Day 112 shall communicate the earliest Election Report to the following Executive Committee. receipt of the Nominee for each office for Balloting which the election has been Report held receiving the greatest number of qualified votes shall be declared elected. In the event of a tie vote, the Executive Committee shall select between the nominees involved.
10. 5.8 Executive Committee shall Not later Day 112 communicate the results of than the election to all the February 5 nominees in the Election Report.
11. 5.8 Executive Committee shall - -
announce results to the membership through a publication distributed to the entire membership.
(5) The implementation of the above clause shall be in the following manner:
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1. Three-member Committee shall notify the 9 May 2022 election programme by all possible modes, including its publication on the web-site and simultaneously invite the names of the votings members for considering them for various elective offices of the Executive Committee and Nominations Committee, etc. The Committee shall grnat a period of three weeks for completing the aforesaid formalities and for commencement of the actual election programme.
2. Three-member Committee shall scrutinize 9 June 2022 nominations and finalise the election slate
3. Three-member Committee shall communicate to 9 May 2022 General Body the names of nominees together with their bio-data, statement of intent and an undertaking from the candidate that he will attend at least 3 meetings in a year.
4. Three-member Committee shall consult each of 14 June 2022 the nominees and if he so requests, in writing, his name shall be withdrawn.
5. Publication of final slate by three-member 30 June 2022 Committee through a publication that is distributed to the entire membership.
6. Three-member Committee shall prepare election 30 June 2022 ballots. Final slate that contains the reference to the location of bio-data and statement of intent of the nominees for each of the elective offices shall be published on the CSI website.
7. Electronic Balloting will take place 16 August 2022
8. Balloting Report shall be checked under the 21 August 2022 supervision of the three-member Committee.
Nominee for each office for which the election has been held receiving the greatest number of qualified votes shall be declared elected. In the event of a tie vote, the three-member Committee shall select between the nominees involved.
9. Three-member Committee shall communicate 21 August 2022 the results of the election to all the nominees in the Election Report.
10. Three-member Committee shall announce 21 August 2022 results to the membership through a publication distributed to the entire membership.
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(6) The three-member Committee will enter into a contract with
National Securities Depository Limited (NSDL) or Central Depository Service (India) Limited (CDSL) (Agency), to hold the Elections through electronic balloting for the year 2022- 2023/2024.
(7) The Three-Member Committee shall restrict its functioning to conduct all the elections and shall not indulge itself in any activity unconnected with the conduct of the election. This direction is however, subject to the two following situations, where the Committee shall render its assistance.
(a) Order dated 18th December 2020 passed by the Hon'ble City Civil Court at Dindoshi freezing the following bank accounts of the society in Notice of Motion No. 2783 of 2019 is hereby set aside and the same are activated to enable the three- member Committee to make payments, in terms of this order:
Sr Bank Bank A/C No. IFSC Code Branch City No. Name Name
1. SBI 10865762697 SBIN0007074 MIDC, Mumbai Industrial Area
2. SBI 10865762700 SBIN0007074 MIDC. Mumbai Industrial Area
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4. AXIS 082010100395144 UTIB0000082 Shastri Chennai Nagar, Adyar
5. AXIS 060010100082439 UTIB0000060 Worli Mumbai Branch
(b) The Committee will make the following payments on priority, by joint operation and unanimous consent of the three members, till the term of new elected office-bearers comes into force:
(i) Salary to Employees of CSI
(ii) Contribution to CSI Employees Provident Fund
(iii) Payment to the Agency contracted for conducting electronic balloting for the year 2022- 2023/2024
(iv) Day-to-day administrative expenses subject to approval of the Committee.
While effecting the payment of salary to the employees, both the factions are permitted to submit the list of the employees to the Committeee, which shall verify whether they are in service and are eligible for payment of salary, before it release the salary in favour of the employees.
(8) The order dated 18th December, 2020, passed by the trial court of freezing official web portal of CSI viz. http://www.csi- india.org and official mail server as well as Publication of CSI AJN ::: Uploaded on - 22/04/2022 ::: Downloaded on - 23/04/2022 14:12:14 ::: 15/15 01 AO-111.22.doc Communication through G.P. offset, is set aside and the same are activated with a view to enable the three-member Committee to hold the election for the year 2022-2023/2024.
(9) The non-official web portal viz. http://www.csi-india.org.in shall not be put to use for the purpose of conduct of elections.
(10) The Committee shall notify the officieal we-bsite and the e- mail address on which the correspondence can be entertained by the Committee.
(11) It is open for the parties as well as for the three-member Committee appointed by this Hon'ble Court to apply to this Hon'ble Court in case of any difficulty arises for implementation of the present directions.
13. In the wake of the above direction, the report dated 09/02/2020 filed by the Master & Assistant Prothonotary (Admn.), which is not accepted, shall not bind the parites.
14. On completion of the election schedule within the period prescribed i.e. 112 days, the Commitee shall submit its report to this court.
15. Re-notify on 05/09/2022.
[SMT. BHARATI DANGRE, J.] AJN ::: Uploaded on - 22/04/2022 ::: Downloaded on - 23/04/2022 14:12:14 :::