Indian Kanoon - Search engine for Indian Law

3. It is the case of the applicant in O.A.No.1001 of 2015 and A.No.6210 of 2015 in C.S.No.758 of 2015 that he was a life member of the defendant-Association since 1983, that he had been using the Club facilities and attended the meetings and took part in several activities of the Association. He was elected as President of the Association and served as President during 2007-2009 and 2009-2011 for two consecutive terms of four years. He was regular in paying the charges and bills. It is further stated that the defendant-Association is a Society registered under the provisions of the Tamil Nadu Societies Registration Act, formed on 24.01.1952 and houses all facilities and the defendant-Association's primary object is to provide forum for people from Andhra Pradesh who have migrated to Chennai city or residing permanently or temporarily in Chennai city. An Associate Member will be admitted whose mother tongue is not a Telugu and all other memberships are open only to persons whose mother tongue is Telugu and the Associate Member has no voting rights. From the residential quarters built mainly for outstation members, the defendant-Association earned amounts which were utilised for various activities of the Club. It is further stated that when the applicant was President, he renovated the existing residential rooms and constructed additional 16 suit-rooms which earned Lakhs of Rupees to the Association and during his Presidentship, the Club earned Lakhs of Rupees and the Audit report shows the surplus income of the Club. The applicant donated Rs.8 lakhs during June and July 2012 and got a sponsorer for Rs.2 lakhs for conducting international snooker/billiards tournament in the defendant-Association, which brought laurels to the Club and the image of the Club increased in public. It is further stated that Bye-law 5 of the Association provides for enrolment of members and the entrance fee was increased periodically and based on the amendment made to Bye-law 5 in Bye-law 5(n), applications were called for admission of membership under relatives, i.e. members' children, son or son-in-law, for which, the applicant submitted application proposing the name of one Mr.Ramesh Kumar Reddy, which was processed by various Committees and he was approved finally as a member in the Managing Committee meeting held on 16.03.1997. It is further stated that the procedure for rejection of a membership is defined in Bye-law 6 of the defendant-Association and Bye-law 7 deals with removal of membership, and a member cannot be removed except by procedures laid down under Bye-law 7, that a member can be expelled for misconduct as stated in Bye-law 7(e), that the 'misconduct' is defined in Bye-law 22 of the Association and when once a member has been admitted under the children's quota after verifying all records, the same cannot be re-opened at later date and no action could be taken subsequently.

15. Learned counsel for the applicant in O.A.No.1001 of 2015 and A.No.6210 of 2015 in C.S.No.758 of 2015 contended that the applicant was a life member of the defendant-Association and he was an active member of the Association and had been enjoying and using all the facilities of the Association. He further stated that the applicant was President of the defendant-Association for two consecutive terms in 2007-2009 and 2009-2011 and even after laying down the office of the President, he donated Rs.8 lakhs during June and July 2012 and got a sponsorer for Rs.2 lakhs for conducting international snooker/billiards tournament. Learned counsel further stated that the applicant submitted application dated 27.02.1997 proposing the name of Mr.Ramesh Kumar Reddy, under children quota, as a member of the Association, that the said application was processed by various Committees and the said Mr.Ramesh Kumar Reddy was admitted as a member of the defendant-Association on 16.03.1997 as per the Bye-laws of the Association. Learned counsel further contended that Bye-law 7 prescribes the procedure for removal of a member and Bye-law 22 of the Association states about the conduct of any member, but contrary to the Bye-laws of the Association, he was removed from the membership by the defendant-Association. Learned counsel further stated that the Honorary Secretary usurped the powers and acted unilaterally in removing the applicant's membership, which is illegal, and hence, the applicant filed C.S.No.758 of 2015 and pending the said suit, he has filed O.A.No.1001 of 2015 for interim injunction and A.No.6210 of 2015 for stay and he prayed for allowing both these applications.

17. Learned Senior Counsel appearing for the respondent-defendant-Association submitted that the applications are not maintainable in law. The applicant in O.A.No.1001 of 2015 was the past President of the Association for two consecutive terms and a member's son or son-in-law (one only) will be admitted to the membership of the Association, subject to the approval of the Managing Committee and upon payment of 1/3 of the membership fees prevailing at the time of admission. The Scrutiny Committee was appointed to find out the anomalies in admission of members under the children quota. The applicants being the life members of the defendant-Association and more particularly, the applicant in O.A.No.1001 of 2015 being the past President of the Association, are aware of the fact that many illegal admissions were made in the children quota membership based on false representation and on verification of records, the Managing Committee called for a meeting of the past Presidents, Secretaries, Donors, etc., on 11.05.2015 to request them any suggestions to take further action. The applicant in O.A.No.1001 of 2015 also attended the said meeting and did not raise any objections against the Scrutiny Committee and the report of the Scrutiny Committee was placed before the Managing Committee, which decided to call for an Extraordinary General Body Meeting, which was held on 07.06.2015 and after elaborate discussion, a Resolution was passed in the said meeting for termination of children/parents members. Learned Senior Counsel further stated that show cause notice was issued to the applicant in O.A.No.1001 of 2015, as he obtained membership for Ramesh Kumar Reddy on false representation and declaration. The Resolution passed on 07.06.2015 in the Extraordinary General Body Meeting was implemented and the membership of the applicant in O.A.No.1001 of 2015 was terminated on 17.08.2015 and only as per the Bye-laws, action was taken by the respondent-defendant-Association. Learned Senior Counsel further submitted that the Extraordinary General Body Meeting was properly held and Resolution was passed and then only the Managing Committee rightly terminated the membership of the applicant in O.A.No.1001 of 2015. The learned Senior Counsel therefore submitted that the applications are not maintainable and are liable to be dismissed.