TMI Blog2020 (12) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be no or little interference by the Court. Issue notice - Stand over to 25.02.2021. - WRIT PETITION (L) NO.7265 OF 2020 - - - Dated:- 17-12-2020 - UJJAL BHUYAN ABHAY AHUJA, JJ. Dr. Abhinav Chandrachud a/w Mr. Archit Jayakar, Ms. Monica Salian, Ms. Bhavika Deora, Mr. Sean Ma i/by Jayakar Partners, for the Petitioner. Mr. Y. S. Bhate i/by Mr. Pawan Patil, Advocate for Respondent Nos.1 to 3. Mr. Rajendra Raghuvanshi a/w Mr. Ratnesh Dubey Mr. S. A. Bhagwat, Advocates for Respondent No.4. P.C. 1. Heard Dr. Abhinav Chandrachud, learned counsel for the petitioner ; Mr. Y. S. Bhate, learned counsel for respondent Nos.1 to 3 ; and Mr. Rajendra Raghuvanshi, learned counsel for respondent No.4. 2. This is a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No.4 which is basically a club though incorporated under section 25 of the Companies Act, 1956. 4. Though the petitioner has instituted a series of litigations against respondent No.4 on various aspects, it may not be relevant to advert to the same at this stage. Suffice it to say that on 05.11.2020 respondent No.4 put up a notice in the notice board intimating its members that its 96th AGM would be held on 21.12.2020. The annual reports and accounts for the financial year 2019-20 (96th annual report) was uploaded in the official website of respondent No.4. As per the report, members were notified that the club proposed to hold its AGM on 21.12.2020 at 2.00 p.m. through video conferencing/other audio visual means to transact various b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontention is that the said provision also violates Article 19(1)(a) of the Constitution inasmuch as members of respondent No.4 have a right to know the view points of the candidates contesting the elections and thereafter to exercise their franchise. Casting their votes without listening to the candidates would therefore not only be manifestly arbitrary but would also be violative of the right of the members to know or to have information about the contesting candidates. In this connection, he has referred to the decision of the Supreme Court in People s Union for Civil Liberties (PUCL) Vs. Union of India, (2003) 4 SCC 399 . Referring to section 108 of the Companies Act, 2013 which says that the Central Government may prescribe the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates have been impleaded as respondents in the present proceeding. Election process has commenced and therefore Court may not intervene at this stage. 8. Submissions made have been considered. 9. While we may examine the challenge to vires of Rule 20(4)(vi) of the Companies (Management and Administration) Rules, 2014, we are not inclined to interfere with the on-going electoral process. We are of the view that once the electoral process has commenced there should be no or little interference by the Court. 10. Issue notice. 11. Since respondents are represented, issuance of formal notice stands obviated. 12. Respondents may file detailed affidavit as to the contentions made by the petitioner. 13. However, having regard to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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