Court restrains management of Amar Singh Club from enrolling, admitting new members

13/01/2021

JAMMU, Jan 12: Sub-Judge Jammu Pawan Sharma restrain Management of Amar Singh Club from enrolling and admitting new members to the club. This significant order has been passed in a Suit filed by Ashok Khajuria former MLA/MLC BJP & Vinod Kumar Luthra.
During the course of hearing Advocate Rohit Sharma appearing for the Plaintiffs submitted that Plaintiffs are permanent members of Amar Singh Club Jammu whereas defendants are Secretary and Executive Committee of the club. It is case of plaintiffs that as per the constitution of the club executive committee is elected for a period of two years and thereafter a new committee is to be elected. The term of present executive committee has expired on March 2020 but thereafter committed has not initiated any process to elect a new committee but has initiated process to admit and enroll new members to the club. This power has expired with the committee as their tenure has expired on March 2020.
Sub-Judge Jammu Pawan Sharma after hearing Rohit Sharma in length observed that Section 26 of the constitution of the club deals with election of member of executive committee. It clearly says that the term of executive shall be two years from the date of notification of election result and after the expiry of two years, the executive committee shall be deemed to be dissolved. There is no provision in the constitution for the extension of the life of the executive committee which has forced the plaintiff to approach this court. Not only this the grievance is that they are enrolling new members to the club. Even if it is admitted that due to special circumstances, the elections could not be held in time, in my opinion the present committee could not take up such important functions vested in them which a duly elected committee has to conduct. One of such functions is enrolment of new members. In the absence of any power with the present executive committee. In my numble opinion, the plaintiffs/ applicants have thus made out a prima facie case in their favour and against the non-applicants.
Sub-Judge Jammu Pawan Sharma further observed that in view of the facts of the case emergency involved prior notice under Order 39 is dispensed with. Issue notice to the defendants/non-applicants in the main suit and in the meanwhile the non-applicants are restrained temporarily from enrolling and admitting new members to the club. This order is subject to objections from other side and till next date of hearing.

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