Dismissed

Y’S Men Club of Quilon Mid Town v. Y'S Men International South West India Region

Kerala HC4 Nov 2023OP(C)/2199/2023

Case brief

AI extract

What is this about?

This Original Petition challenged an order dismissing an interim injunction regarding the validity of an election for Regional Director-Elect. The High Court held the election was prima facie illegal due to the Regional Director ignoring objections from two members of the nomination committee and dismissed the petition. The court noted its observations apply only to the interim challenge and the s

What the court decided

AI extract

Y’S Men Club of Quilon Mid Town Vs Y'S Men… — Company and Corporate | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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SATURDAY, THE 4^TH DAY OF NOVEMBER 2023 / 13TH KARTHIKA, 1945

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OP(C) NO. 2199 OF 2023 AGAINST THE ORDER/JUDGMENT IN CMA NO. 26/2023 OF FIRST ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM OS NO.646/2022 OF ADDITIONAL MUNSIFF COURT, KOLLAM

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PETITIONERS/RESPONDENTS/ PETITIONERS-PLAINTIFFS:

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1 Y'S MEN CLUB OF QUILON MID TOWN REPRESENTED BY ITS PRESIDENT, RESIDING AT THADATHIVILA, THIRUMULLAVARAM P.O., KOLLAM -, PIN – 691012 2 K.SURESH KUMAR AGED 58 YEARS S/O.KRISHNA PILLAI RESIDING AT SREE DEVI, NEW NAGAR-90, PANAKKAL, VADAKKEVILA P.O., KOLLAM -, PIN – 691010 BY ADVS. HARISH GOPINATH AMRITHA SOMASUNDARAN

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RESPONDENTS/RESPONDENTS/APPELLANTS/ RESPONDENTS-DEFENDANTS 1, 2 & 4:

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1 Y'S MEN INTERNATIONAL SOUTH WEST INDIA REGION REPRESENTED BY ITS REGIONAL DIRECTOR RESIDING AT HOUSE NO.B-36, KOWDIAR GARDENS, KOWDIAR P.O., THIRUVANANTHAPURAM -, PIN – 695003

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2 K.N.AYYAPPAN AGED 62 YEARS RESIDING AT HOUSE NO.B-36, KOWDIAR GARDENS, KOWDIAR RO., THIRUVANANTHAPURAM-, PIN – 695003

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O.P.(C) No.2199/2023

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3 K.VENKITESH AGED 60 YEARS RESIDING AT HEAVEN, 137C, MAMATHA NAGAR, KAVANAD P.O., KOLLAM -, PIN – 691003 BY ADVS. JOHNSON GOMEZ S.BIJU (KIZHAKKANELA)(K/1563/2003) SANJAY JOHNSON(K/000671/2018) JOHN GOMEZ(K/2010/2019) SANJITH JOHNSON(K/988/2021) ARUN JOHNY(K/1947/2022) ABIN JACOB MATHEW(K/003258/2022) DEEBU R.(K/2869/2022)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) No.2199/2023

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J U D G M E N T

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Dated this the 4^th day of November, 2023

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The plaintiffs in O.S.No.646/2022 on the files of the Munsiff Court,Kollam, who were the respondents in C.M.A.No.26/2023 of the First Additional District Court,Kollam are the petitioners herein. The 1^st plaintiff is a Chartered Club at Quilon under the Y's Men's International Association. The validity of the election of the 2^nd plaintiff to the post of 'Regional Director-Elect' of the Y's Men's International South West India Region (1^st defendant) is the subject matter of the Suit. The interim application for injunction restraining the 4^th defendant (rival candidate of the 2^nd plaintiff) from functioning as the Regional Director-Elect, as also, from causing any obstruction to the 2^nd plaintiff in assuming charge and functioning as the Regional Director-

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Elect was allowed by the learned Munsiff, but reversed in the C.M.A. by the learned District Judge. The said order dated 03/10/2023 in C.M.A.No.26/2023 is under challenge in this Original Petition.

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2. Heard Sri.Harish Gopinath, learned counsel

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for the petitioners and Sri.Johnson Gomez, learned counsel for the respondents.

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3. This Court will straight away refer to the arguments advanced by the learned counsel, since the facts have been narrated and taken note of in

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detail in the orders passed by the learned Munsiff and the learned District Judge.

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4. Learned counsel for the petitioners submitted

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that the order of the learned Munsiff in I.A.No.1/2022 was fully reasoned and there was no warrant for any interference by the District Court. It was submitted that the 2^nd petitioner/

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2^nd plaintiff was duly elected in the elections to

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the post of Regional Director-Elect for the year 2022-2023 to the 1^st defendant Association and the election results were declared on 19/06/2022 in the general body meeting of the 1^st defendant Association. Any dispute in respect of such an election conducted ought to have been carried in terms of Clause 28 of Ext.P1 Constitution, which is the Constitution of the South West India Region of the International Association of Y's Men's Clubs, as approved in the year 2020. It was pointed out by the learned counsel that Clause 28 specifically refers to election disputes. Therefore, it was imperative on the part of the 4^th respondent, or for that matter anybody else, to take recourse to the remedy under Clause 28. It was this aspect which weighed with the learned Munsiff in granting an injunction as sought for, according to the learned counsel. On facts, learned counsel would submit that Ext.A1 would

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vouch that the 1^st plaintiff club had paid the per capita due to the District unit on 15/01/2022, which aspect is confirmed by the District Treasurer in Ext.A1. Therefore, there was no rhyme or reason for castigating the 1^st plaintiff club as a “non-good standing club”, so as to deprive their right to send a nominee in the election to the post of Regional Director-Elect. Learned counsel would further submit that the plaintiffs/petitioners were in dark of Annexure R3(d) complaint preferred by the 2^nd defendant, as also, of Annexure R3(f) communication issued by the India Area President, which directed suspension of the election process. Learned counsel would also add that these documents were not produced before the Munsiff Court or the District Court. Learned counsel would submit that the India Area President cannot unilaterally issue Annexure R3(f) communication suspending the

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election process, which has already been commenced and proceeded with substantially. Here again, the learned counsel would emphasize that the aggrieved party ought to have taken recourse to Section 28 of Ext.P1 Constitution and the complaint preferred vide Annexure R3(d), as also, the communication vide Annexure R3(f), both, are without authority and jurisdiction.

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5. Per-contra, learned counsel for the

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respondents submitted that apart from Exts.P1 and P2 Constitutions, the former of which pertains to the region and the latter, of the International Organisation, there is a third Constitution, which applies to the India Area, under which the subject region is included. Learned counsel invited the attention of this Court to Section VIII of the said Constitution, which speaks of settlement of conflicts. Four forums are seen

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provided under Clause VIII, in each of which,

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the power is seen delegated to a “troika”. An appellate provision is also provided therein. Learned counsel would elaborate that Annexure R3(d) complaint was preferred to Mr.Arun Jacob Varghese, Mr. Shukur and Adv.A.Shahnavas Khan, which constitutes the troika of the India Area. Therefore, the complaint was preferred before the right forum in terms of Section VIII of the Y's Men's International India Area Constitution and Annexure R3(f) communication was issued by the said Dr.Anand Jacob Varghese, in his capacity as the India Area President. Therefore, lack of jurisdiction or authority cannot be imputed to Annexure R3(f). Learned counsel also invited the attention of this Court to Ext.B1, which is a report of enquiry, wherein there is an assertion

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that all the parties concerned were heard to arrive at a finding that the 1^st plaintiff Club is

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not a good standing club. This exercise is seen

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done on 12/06/2022, which was followed by Ext.B2 proceedings issued by the India Area Troika on 15/06/2022, which unanimously agreed to accept the recommendations of the enquiry report and found that the 1^st plaintiff Club is not a good standing club and all proceedings of the Regional Director, which was in violation of the Regional Constitution was cancelled. Ext.B2 further directs to proceed with the election with the short listed candidates. Learned counsel would emphatically urge before this Court that the whole election process, whereby the 3^rd defendant continued with the election after receipt of Ext.B2, as also, Annexure R3(f), are wholly illegal; and no tenable claim can be raised based on such an election claimed to have been conducted. By virtue of Annexure R3(f), it was clearly communicated by the India Area President

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to the 3^rd defendant that the election process

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initiated by the 3^rd defendant is suspended, pending enquiry. Further, he was also communicated with Ext.B2 dated 15/06/2022, finally concluding that the 1^st plaintiff Club is not a good standing club and that the nomination made by the said club is not therefore a valid one. Therefore, the 3^rd defendant Regional Director ought not to have proceeded with the election anymore is the sum and substance of the submission made by the learned counsel.

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6. Having heard the le arned counsel appearing on both sides, this Court is persuaded to endorse the submissions made by the learned counsel for the respondents herein, especially on the point that the 3 rd defendant ought not to have proceeded

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with the election after receipt of Ext.B2 communication. Ext.B2 is dated 15/06/2022. The Regional Convention, or for that the matter, the General Body of the 1 st defendant Association, in

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which the election results were declared, was conducted only on 19/06/2022. No matter whether Ext.B2 is legal or not fully legal, the course open to the 3 rd defendant was to keep the election in abeyance and to proceed with the dispute resolution mechanism either under the Regional Constitution or under the Area Constitution, the former of which may not be appropriate, since the Regional Director himself is a member of the committee envisaged under Clause 28. A reference to Ext.B1 enquiry report would indicate that the nomination committee constituted in terms of Clause 11(1)(b) of Ext.P1 Constitution was not at ad-idem in so far as the acceptance of the nomination of the 2 nd plaintiff is concerned. The 3rd defendant Regional Director was in favour of accepting the nomination, while two other members of the nomination committee opposed the same. It

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appears that ignoring the objection of the two

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fellow members of the nomination committee, the third defendant Regional Director had proceeded with the election, as also, chose to conduct the General Body and declare the results of the election. In that respect also, the election, based upon which the plaintiffs stake a claim, appears to be prima-facie illegal. It is true that Sub Clause (1)(b) of Clause 11 of Ext.P1 Constitution is silent as regards the procedure, when there is a dichotomy between the members of the nomination committee. It was strenuously argued by the learned counsel for the petitioners that the provision in Sub Clause (1)(b) to Clause 11 that the Regional Director will take further action is a clear indication bestowing power upon the Regional Director to proceed with the matter,

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even in case there is a difference of opinion amongst the members of the nominating committee. Learned counsel then invited the attention of

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this Court to Sub Clause (9) to Section 11, which empowers the Regional Director to send the list of names of candidates, whose nominations have been found to be valid, to all the Clubs. Learned counsel also invited the attention of this Court to Clause 17 of Ext.P1 Constitution, wherein it is stated that the Regional Director is the Chief Executive and Co-ordinator of the region, responsible for the administration of the region and who is expected to report only to the Area President and to the Secretary General of the Y's Men's International. Whereas vide Clause 18, the Regional Director-Elect, who is also a member of the nomination committee has only the power to assist the Regional Director in all his duties. The third member of the committee is the past Regional Director, whose powers are not expressly defined and the same cannot be, at any rate, better than that of the Regional Director-

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Elect. From the above clauses, the primacy of the Regional Director can be deciphered, is the submission of the learned counsel. This Court is not persuaded to accept these arguments, for the reason that Sections 17 and 18 deal with the general powers of the Regional Director and the Regional Director-Elect in respect of the matters pertaining to the region and its administration; whereas Clause 11 prescribes a specific procedure for election to the regional council, wherein Clause (1)(b) provides for a nominating committee, whose function is to scrutinize the nominations received from the Clubs. Therefore, in the matter of scrutiny of nominations, there cannot be any hierarchy of power as between the members of the nomination committee. As regards the hierarchy and powers of members of the nominating committee, there exists nothing which would indicate that one member is more prominent

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than the other, so as to enable him to veto the objections of other members. In the instant case, as would be seen from Ext.B1, two, out of the three members, have opposed acceptance of the nomination of the 2 nd plaintiff, whereas the 3 rd defendant alone supported the same. In the absence of any specific and express power of veto, the conduct of the 3 rd defendant in ignoring the objection of the two other members and in proceeding with the election, as if the nomination of the 2 nd plaintiff is valid, cannot be countenanced, prima-facie .

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7. The upshot of the above discussion is that the election claimed to have been conducted is not prima-facie valid and so also, is the declaration of result in favor of the 2 nd petitioner/2 nd plaintiff. Consequently, no interim relief can be granted to the petitioners/ plaintiffs, in recognition of the so-claimed

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status of the 2 nd petitioner/2 nd plaintiff as the Regional Director-Elect of the 1 st defendant Association. This Court finds no reason to interfere under Article 227 of the Constitution with the order impugned of the learned District Judge.

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8. In the result, this Original Petition fails and the same is dismissed. It is however clarified that all the observations made by this Court, especially touching the merits of the matter, are only for the purpose of adjudicating the challenge made to the interim order and the

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same cannot have any bearing on the final adjudication of the Suit, after adducing evidence. The Suit shall be decided by the learned Munsiff in accordance with law, untrammelled by any of the observations made in this judgment.

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9. Learned counsel for the petitioners submitted

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that the term of the 2 nd petitioner would commence on 01/07/2023 and will culminate on 30/06/2024, wherefore, the trial of the matter may be expedited, since the pleadings are complete. This Court directs the learned Munsiff to bear this aspect also in mind for the purpose of listing the matter for trial, preferably on an earlier date. It will be open for the petitioners to file necessary application in this regard before the learned Munsiff.

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This Original Petition is dismissed accordingly.

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Sd/-

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C. JAYACHANDRAN JUDGE

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APA

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O.P.(C) No.2199/2023

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APPENDIX OF OP(C) 2199/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE CONSTITUTION OF THE 1ST DEFENDANT DATED NIL
Exhibit P2 TRUE COPY OF THE INTERNATIONAL CONSTITUTION AND GUIDELINES OF INTERNATIONAL ASSOCIATION OF Y'S MEN'S CLUB DATED NIL
Exhibit P3 TRUE COPY RESULT ANNOUNCED BY THEN REGIONAL DIRECTOR DATED 19/06/2022
Exhibit P4 TRUE COPY ELECTION NOTIFICATION DATED 18.7.2022
Exhibit P5 TRUE COPY OF THE PLAINT IN O.S.NO.646 OF 2022 ON THE FILE OF MUNSIFF COURT KOLLAM DATED 19/8/2022
Exhibit P6 TRUE COPY OF THE I.A NO.1 OF 2022 IN O.S.NO.646 OF 2022 ON THE FILE OF MUNSIFF COURT KOLLAM DATED 19/8/2022
Exhibit P7 TRUE COPY OF THE OBJECTION TO I.A NO.1 OF 2022 IN O.S.NO. 646 OF 2022 ON THE FILE OF MUNSIFF COURT KOLLAM DATED NIL
Exhibit P8 TRUE COPY OF THE ORDER DATED
15/07/2023 IN I.A NO.1 OF 2022 IN O.S.NO. 646 OF 2022 ON THE FILE OF MUNSIFF COURT KOLLAM
Exhibit P9 TRUE COPY OF THE ORDER DATED
03/10/2023 IN C.M.A. NO. 26/2023 ON THE FILE OF 1ST ADDL. DISTRICT COURT, KOLLAM
Exhibit P10 TRUE COPY OF THE MEMORANDUM IN C.M.A.
NO. 26/2023 ON THE FILE OF 1ST ADDL.
DISTRICT COURT, KOLLAM DATED 26/7/2023 RESPONDENT'S ANNEXURES
Annexure R3A A true copy of the Y's Men
International (India Area Constitution) as on 28.02.2021
Annexure A3B A true copy of the Conflict Resolution Procedure published September 2016 in the website of Y's Men International
Annexure R3C A true copy of this Notice No. RD-

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07/SWIR/21-22 dated 05/03/2022 issued by Regional Director Annexure R3D A true copy of the email communication dated 5/5/2022 sent by Defendant No.2 Annexure A3E A true copy of the Notice No. RD07(2)/SWIR/21-23 of Fresh Election dated 05/05/2022 issued by Respondent No. 1 Annexure R3F A true copy of the email communication dated 12/5/2022 issued by the India Area to the Defendant No. 3 Annexure R3G A true copy of the email dated 15.05.2022 issued by the Defendant No. 3 to the President India Area Annexure R3H A true copy of the Proceeding of the India Area Troika meeting dated 21/06/2022 Annexure A3I A true copy of the Bulletin of 2023-24 of the Respondent No.1

Y’S Men Club of Quilon Mid Town v. Y'S Men International South West India Region

Case brief

What is this about?

What the court decided

Y’S Men Club of Quilon Mid Town v. Y'S Men International South West India Region

Case brief

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What the court decided

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