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(g) It was alleged that proxy system of voting is being implemented by Defendant No.2 & Defendant No.3, as is apparent from letter dated 03.08.2010 issued by the Club whereby the time schedule for elections of the Managing Committee were announced. It was specifically alleged that there was no mention of voting by secret ballot in the said letter, rather a proxy form was enclosed which would give an impression that the election is only through proxy voting. 

                                                         Varma           2026.02.12
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office bearers allegedly introduced a proxy system to unfairly influence the election results.

(i) The Plaintiffs contended that the defendant No. 2 is trying to bypass the secret ballot system by circulating unnumbered proxy forms to manipulate the election outcome. It was alleged that the defendants intentionally delayed the delivery of election notices to shorten the response window for members, allowing the Managing Committee to collect signed, blank proxies under pressure.

(j) It was further asserted by the plaintiff that defendants No. 2 and other office bearers engaged in a premeditated fraud by collecting signed proxy forms before the election schedule, dated August 3, 2010, even reached the general membership. Despite the certified Rules and Regulations mandating a secret ballot, the defendants persisted with the unauthorized proxy method. It was contended that when members attempted to deliver a formal objection letter on August 6, 2010, officials at the Club and defendant No. 3 willfully refused service. Consequently, the notice was served via courier (Consignment Nos. 42410 and 42409) and received on August 11, 2010.

11.In the proceeding, three witnesses were examined by defendants, succinct testimonies whereof are as follows:

12.DW-1 Sh Ajay Avinashi/Defendant No.2 He tendered his evidence by way of affidavit as Ex. DW1/A. He relied upon certain documents viz. Amended MoA Ex DW1/A, Minutes of Meeting of GBM held in 1977 Ex DW1/B, Certified copy of proxy forms Ex DW1/C, Certified Copy of proxy form, election notice for election to be held in the year 2010 Ex DW1/D. He was cross examined by Ld Counsel for plaintiff.