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2016 (3) TMI 1243 - HIGH COURT OF PUNJAB AND HARYANAAction of removal of the petitioner from membership of the NFI and appointment of the ad-hoc committee - Competition Director eligigiblity to pass order - Held that:- Competition Director, who had passed the order of removal of the petitioner from the membership of the NFI on an un-dated letter, had no jurisdiction much-less competence to pass such an order. However, the question would be as to whether the said action taken by the Competition Director has rightly been affirmed/ratified in the Annual General Meeting, which was held on 29.03.2015. The respondents did not include the item of removal of the petitioner from the membership in the agenda though it was an important agenda item which should have been specifically mentioned and circulated to the members so that they could have come prepared for deliberations and voting on the said agenda item and it could not have been taken up under the miscellaneous head because the miscellaneous head is only meant for those items which are emergent in nature and are not known at the time of preparation of agenda, whereas the Competition Director had handed over his letter dated 03.02.2015 to the NFI and the agenda for the Annual General Meeting was prepared on 08.03.2015, almost after a month, therefore, there was no reason for the respondents to have excluded the agenda item pertaining to removal of the petitioner from the membership of the NFI so that the General Council could have deliberated upon it before voting. The respondents have also violated the principle of natural justice as no opportunity of hearing much-less show cause notice was given before its removal from the membership. Thus, the action of removal of the petitioner from membership of the NFI and appointment of the ad-hoc committee is totally illegal and hence, the fifth petition is also allowed, as prayed for.
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