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Delhi Mahila Samaj Vs. Rumma S. Sunder Page No. 4 of 79 :: 5 ::

2.3 Around the year 1982, DDA alloted Delhi Mahila Samaj Trust, a plot of land measuring 1500 sq. yards bearing no. 52, Tughlakabad Institutional Area. The Trust thereafter, shifted its office from Kashmiri Gate to Tughlakabad plot. On 24.02.1995, the Trust framed its rules & regulations laying down its aims & objects. The aims & objects inter alia include social and economic reconstruction of society to provide greater opportunity to women, to improve economic status of women by giving them vocational training etc. Rule 2 provides that maximum number of Trustees at any time, shall not be more than 5 and the minimum number shall be 2 and they shall be designated as Board of Trustees. Rule 5 provides that the Trustees may designate one of the Trustees as Managing Trustee and may fix powers & duties of such person. Rule 7 provides that Managing Trustee shall be for such time and shall exercise such powers of management, as may be entrusted to such person by the Board of Trustees. The Board may change such a person and may appoint other one by Board Resolution at any time. Rule 9 provides that if a Trustee is working against the Trust, the remaining Trustees with majority of two-third votes may by a resolution, remove her after giving her notice.

pleaded that plaintiffs were not interested, involved or devoted to the functioning of the Trust, as Devyani Sircar had been living in Jaipur whereas, plaintiff no. 2 Zakia Sultana being very old mostly remained in Dubai. Plaintiff no. 3 attended merely 3 meetings in the year 2005. Meeting dated 25.10.2005 wherein, defendant no. 3 was allegedly removed as Chairperson, is pleaded to have been illegally convened. Even the signatures of Dr. Saluja thereon, are stated to be missing. Removal of defendant no. 1 from the Trust on 16.12.2005 is also stated to be false, as she continues working as Trustee and its Chairperson.

Chairperson and Devyani Sircar to function as Managing Trustee - In the meeting dated 25.10.2005 Mark B & Ex.PW1/7, four of the trustees working in unison had designated Zakia Sultana as Chairperson and defendant had been directed to hand over the documents and properties of the Trust, i.e., the key & car, etc. to Zakia Sultana. However, the defendant never complied with that resolution of the Trust and thereby, prevented Zakia Sultana to work as Chairperson. Similarly, the Hon'ble High Court, vide order dated 23.07.2008, appointed Devyani Sircar as Managing Trustee. Defendant prevented Devyani Sircar to function as such. At the instance of defendant, Devyani Sircar was pushed and misbehaved within the Trust premises by one of the employee, namely, Ms. Preeti Chauhan.

"9.If a Trustee is working against the interest of the Trust, the remaining Trustees by a majority of 2/3rd may by a resolution remove her after giving her, notice of the intention of the Trustees in writing and after taking into consideration representation from that Trustee if received in writing before the start of meeting of the Board in which it is proposed to remove her."

25.2 In order to exercise the power so vested in the majority Trustees, a notice dated 03.12.2015 (Ex.PW1/16) was served Delhi Mahila Samaj Vs. Rumma S. Sunder Page No. 69 of 79 :: 70 ::