TMI Blog2021 (1) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... mage of the Club or in any way hampering the best interest of the club. Records of the present case does not show anything to that affect. Perusal of Clause 36 of the Articles of Associations pertains to termination of membership of the Club, Clause 61 relates to the disciplinary proceedings against a member and Clause 62 relates to the expulsion of a member from the membership of the Club - The said provisions will apply only in case it is found by the Committee of Members that a particular member is showing/ doing such misconduct which requires the termination of membership to attract Clause 36 and identically Clause 61 and 62 of the Articles of Associations would only be applied when such allegations is found to be proved beyond any doubt. As in the present matter, a passing referencing has been made in the enquiry report about the publication in the newspaper but no such publication was brought on record apart from the two messages which has also being admitted by the Respondents that they have sent the same but on that basis alone it cannot be said that the said provisions would be attracted in the present case - Petition allowed. - C Appeal No. 130/ ALD/2020 & C Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation, in which they were given the option to voluntary resign from the membership of the club to which a reply dated 17.07.2017, denying all the allegations leveled against the appellants has been filed. 6. The petitioner at once preferred a detailed application before the commissioner, Varanasi who is the Ex-officio chairman of the Respondent Company with the prayer for restoration of the membership of the club relating to the petitioner which has been illegally terminated without any opportunity of being heard. The meetings of the proceedings were adjourned with no discussion or documents and neither the majority of the members were holding the meetings were present. 7. Mr. Anurag Arya, IPS who was appointed to conduct the enquiry, did not conduct any enquiry as he never called upon the appellants to appear before him and submitted the enquiry report which was considered and acted upon by managing committee. It has been stated in the Report that the petitioners were held guilty of carrying anti club activities and are hereby expelled from the club and their membership pursuant to the provisions of Clause 36, 61 62 of the Articles of Association of the Club and before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate that any obnoxious message was sent which would harm and damage the prestige and image of the club as the Same was restricted to the misutilization of the funds by the Board of Director and no other averment were made and further submitted that there was no WhatsApp message sent by the Appellant apart from two SMS's to any of the member and neither any pamphlets were circulated or distributed by the Appellants and this had been admitted in the enquiry report also. During the course of arguments, nothing could be pointed out regarding the publication or circulation of the alleged pamphlet and nothing was brought on record to authenticate the same. 10. In reply, the learned counsel for the respondent submitted that on 22.18.2009 the then Hony. Secretary of Respondent No. 1 wrote a letter to the Appellant (Dr. N .P Singh) seeking clarification in the financial books of the Respondent No. 1's Company as per the audit whereby certain unaccounted cheques were issued by the Appellant to certain individuals during his tenure as Hony. Secretary for FY 2008-09 and the aforesaid irregularities have been found during the course of audit to that no reply was received against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1's club. On equiry, the Managing Committee had found out that the aforesaid illegal activities were done by Appellants themselves. Pursuant to which, on 20.09.2016 a letter cum notice was sent to the Appellants to show cause as to why the provisions of Article 36, 62 63 of the Article of Association read with Clause 56 (h) of the bye laws of the Respondent No. 1 's Club should not be invoked, to which, on 27.09.2016 Appellant replied to the letter/show cause notice issued by the Respondent No. 1 Managing Committee denying each averments made against him. 14. It is next contended that an enquiry committee was constituted as per bye laws of the Respondent No. 1's club and disciplinary proceedings had been initiated against the Appellants and on 04.12.2016 the disciplinary proceedings initiated against him held the appellants guilty of the charges leveled and the Managing Committee/Board had unanimously decided to terminate/expel his membership from the Respondent No. 1 's Club according to the provisions contained in Articles of Association. 15. With regard to the submission that the Appellant was never intimated about the enquiry' report submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad circulated two messages regarding certain financial and other irregularities in the functioning of the Club and as the said messages did not find favour with the member of the committee, he has been victimized. Also there is only a mention in the enquiry report regarding some publication being made without the publication being brought on record before this court it cannot be assessed whether any such publication Was made or the content, thereof, were in any way detrimental to the interest of the Club or derogatory to its prestige specially in view of the specific denial on behalf of the applicants that they did not circulate any such alleged pamphlet. The messages which are on record do not indicate any such misconduct which may tantamount to misconduct by the alleged member by sending messages intense between the members regarding the said irregularities, which according to him were being persisting in the functioning of the club. It is further argued on behalf of the applicant that earlier also an order dated 20.06.2010 regarding expulsion of Applicants membership for which AGM was convened to discuss the said expulsion order and expert opinion was also taken, where after th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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