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HIGH COURT OF DELHI
JUDGMENT
NARESH KUAMR DUGGAL AND ANR. ..... Petitioners
Advocates who appeared in this case:
For the Petitioner: Mr. Anil K. Kher, Sr. Advocate with Mr. D.R. Bhatia and Ms. Vasundhara Nayyar, Advocates
For the Respondents: Ms. Indrani Ghosh, Mr. Sachin Gupta, Ms. Shobhana Takiar and Ms. Shweta Anand, Advocates for R-1
Mr. P.D. Gupta, Sr. Advocate with Mr. Atul Gupta, Advocate and Mr. Dr. Sushil Kr. Gupta, President and
Mr. Gurinder Pal Singh, Hony. Gen. Secy. in person for R-2
Mr. Sumeet Verma and Mr. Mahinder Pratap Singh, Mr. J.S. Gahlot, Hony. Secy. for R-3
Mr. Tanmaya Mehta and Mr. Anirudh Sharma, Advocates for applicant in CM APPL 53080/2019
CM APPL No. 53080/2019 (for impleadment)
Learned counsel for the Petitioner submits that he has not objection to the impleadment being allowed.
The application is allowed. Applicant is impleaded as a respondent. Amended Memo of parties filed alongwith the application is taken on record.
1. Petitioners, by this petition, seek a direction to the respondent No. 1 to hold free and fair elections of respondent no. 2 – Punjabi Bagh Club.
2. During pendency of the present proceedings, an Annual General Meeting (AGM) was held of the Club on 01.12.2019 and a Schedule of elections has been finalized.
3. Though, there are issues raised with regard to the resolution passed in the meeting on 01.12.2019, particularly with regard to the lack quorum, however, learned counsel for the parties under instructions submit that since the elections of the Executive Committee is long overdue, they are willing to accept the date of polling as 29.12.2019 with some modifications of the schedule.
4. Learned counsel for the parties submit that the decisions taken in the AGM held on 01.12.2019 are accepted subject to the deletion of the fourth and fifth paragraphs and the issues decided therein to be considered by the new Management Committee after due deliberations
5. The fourth and fifth paragraphs read as under: “The President continued the address …………. ………….The house applauded, agreed and unanimously approved the same”
6. Accordingly, it is directed that the further and fifth paragraphs noticed above are omitted from the minutes of the AGM dated 01.12.2019 and the issue, if required, would be considered afresh by the new Management Committee after due deliberations.
7. Further, with the consent of parties the writ petition is disposed of with the following directions: i) The Schedule of Election notified in the Election Notification dated 02.12.2019 is modified as under:
1. Date of Issue of Nomination Forms From 11th Dec. 2019 onwards (4.00 PM to 7.00 PM)
2. Date of filling of Nomination 12th and 13th Dec. 2019 (3.00 PM to 6.00 PM)
3. Date of filling of objection (if any) 14th and 15th PM to 5.00 PM)
4. Date of Scrutiny and display of valid nomination papers (after scrutiny) 16th and 17th PM to 5.00 PM)
5. Last date of withdrawal 18th and 19th Dec. 2019 (upto
5.00 PM)
6. Display of final List of Contestants (after withdrawals) 19th Dec. 2019 (7.00 PM)
7. Date of Polling if required 29th December, 2019
8. Time of Polling 10 AM to 5.00 PM
9. Venue of Polling and Counting Punjabi Bagh Club Premises
10. Date of counting of Votes After polling is completed.
11. Announcement of list of Office Bearers/Members elected Immediately on completion of counting of votes. ii) The nomination papers already submitted by various candidates shall be treated as nomination papers filled in terms of the amended schedule as well. iii) The requirement of furnishing a security deposit (Clause 27) of Rs. 50,000/- is reduced to Rs. 20,000/-. All candidates who have furnished the security deposit of Rs. 50,000/- shall be refunded a sum of Rs. 30,000/- by the Club. iv) In Clause 6, the following shall be added: “The Club shall also upload, within two days, the list of its members on its website which would be in PDF downloadable form.” v) Clause 11 is amended as under: - “One eligible member can contest for one post only. Similarly, as mentioned in clause 3 and 4 one member can propose or second for one candidate only, one member can propose as many as number of candidates as number of positions i.e. a person can propose or second one candidate for each of the 10 positions of office bearers and 11 candidates for the Managing Committee. In case candidature is proposed and/or seconded exceeding the 10 positions of office bearers and 11 candidates for the Managing Committee or nomination is filed for more than one post, such nominations shall be treated as invalid and rejected.” vi) Clause 28 is modified to the following extent:
28. In case any contestant fails to secure at least 10% votes out of the total votes polled, his security deposit will stand forfeited. and such candidate will be debarred to contest three future elections of the Punjabi Bagh Club (Regd.)
8. With the consent of parties, Justice Vinod Goel (Former judge of this court.) (Mobile No. 9910384637) is appointed as Observer to oversee the complete election process including scrutiny of the nomination papers, disposal of objections, if any and casting of votes.
9. The fee of the Observer is fixed at Rs. 1,00,000/- (Rupees One Lakh Only) for each sitting/hearing to be borne by the Punjabi Bagh Club. In case any secretarial assistance is required, Observer may appoint a secretarial assistant at the cost of the Punjabi Bagh Club.
10. It is clarified that this Court has appointed an Election Observer only to ensure a free and fair elections without casting any aspersions or forming any opinion against the present Executive Committee or the Election Officers appointed at the AGM held on 01.12.2019.
11. The petition is accordingly disposed of in the above terms.
12. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J DECEMBER 10, 2019 ‘rs’