Club Membership Expulsion Overturned Due to Procedural Errors

The tribunal found the expulsion of the appellants from club membership unjustified as it did not comply with the required procedures under the Articles of Association. The decision to expel them was set aside, and their membership was ordered to be restored. The petitions were disposed of with no order as to cost.

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Issues Involved:
1. Legality of expulsion of appellants from club membership.
2. Procedure followed for expulsion.
3. Validity of allegations against appellants.
4. Compliance with Articles of Association.

Issue-wise Detailed Analysis:

1. Legality of Expulsion of Appellants from Club Membership:
The appellants, permanent members of the respondent company since 30.09.2000, were expelled from membership on 31.01.2017 based on a resolution passed on 04.12.2016. The appellants contended that their expulsion was illegal and fraudulent, without sufficient cause, and sought rectification of the membership register to restore their names.

2. Procedure Followed for Expulsion:
The appellants argued that the expulsion violated Article 62(a) of the Articles of Association, which mandates a 2/3rd majority vote by secret ballot and a recommendation from the Hony. Secretary. They claimed no recommendation was made, and the resolution was not passed by secret ballot. Additionally, the enquiry report by Mr. Ashish Tiwari, IPS, was questioned as he was not officially appointed as the enquiry officer by the club.

3. Validity of Allegations Against Appellants:
The appellants were accused of distributing pamphlets with obnoxious messages harming the club's image. However, they denied these allegations, stating they only sent two SMS messages regarding financial irregularities within the club, which were not intended to tarnish the club's image. The tribunal found no evidence of pamphlet distribution or any publication in the newspaper, as alleged.

4. Compliance with Articles of Association:
The tribunal noted that the right of a club member is significant and cannot be taken away lightly. The disciplinary proceedings and expulsion must be conducted carefully, ensuring that the misconduct is proven beyond doubt. In this case, the tribunal found that the expulsion decision did not comply with the required procedures under Clauses 36, 61, and 62 of the Articles of Association, as the allegations were not substantiated with concrete evidence.

Conclusion:
The tribunal concluded that the expulsion of the appellants was not justified. The decision of the managing committee dated 04.12.2016 was set aside, and the appellants' membership was ordered to be restored. The petitions (C Appeal No. 130/ALD/2020 and C Appeal No. 234/ALD/2020) were disposed of with no order as to cost.

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