THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment Reserved on: 02.02.2011
Judgment Pronounced on: 07.02.2011
+ I.As. 12074/2010 and 15166/2010 in CS(OS)
No.1852/2010
Mr. Shri Krishna & Anand Vishwanath
Limaye .....Plaintiff
- versus -
All India Federation of Master
Printers & Others. .....Defendants
Advocates who appeared in this case:
For the Plaintiff: Mr. S.D. Ansari with Mr. I. Ahmed, Advs.
For the Defendant: Mr. Satender, Adv. for D-1 to D-3.
Mr. V. Giri, Sr. Adv. with Mrs. Rekha
Palli and Ms. Punam Singh, Advs. for
D-4.
CORAM:-
HON'BLE MR JUSTICE V.K. JAIN
1.
Whether Reporters of local papers may No. be allowed to see the judgment?
2. To be referred to the Reporter or not? No.
3. Whether the judgment should be reported No. in Digest?
V.K. JAIN, J
1. This is a suit for declaration and permanent injunction. The plaintiff claims to be a member of the Governing Council of defendant No.1, All India Federation of CS(OS)No.1852/2010 Page 1 of 8 Master Printers for the last more than 15 years and claims to be representing an affiliated association "Mumbai Mudrak Sangh". Defendant Nos. 2 and 3 were appointed as Returning Officers to conduct elections of defendant No.1, which were held in Poducherry on 25th September, 2010. It is alleged in the plaint that defendant No.1 is not eligible to contest the elections for the post of President of defendant No.1 federation. It is claimed that in view of Article16(a) of the Constitution of defendant No.1, defendant No.4 being its past president is not entitled to contest the elections. The plain tiff has sought a decree for declaration thereby declaring Circular dated 7th July, 2010 issued by the Hony. General Secretary of defendant No.1 on the ground that it was not in accordance with the amended constitution of defendant No.1 and has also sought another declaration that the Circular dated 9th August, 2010, accepting the nomination of defendant No.4 for the post of President is bad, null and void. He also sought injunction restraining defendant Nos. 1 to 3 from acting upon the Circulars dated 7th July, 2010 and 9th August, 2010. The alternative relief sought by him is to restrain defendant No.4 from taking charge of the office as the President of defendant No.1. CS(OS)No.1852/2010 Page 2 of 8
2. Vide I.A. No.12074/2010, the plaintiff sought interim injunction restraining the defendants from acting upon the aforesaid Circulars dated 7th July, 2010 and 9 th August, 2010 and holding elections for the post of President. However, the only interim relief granted by this Court vide order dated 13th September, 2010 was that the election result of defendant No.4 shall be subject to final outcome of the suit. I.A. No.15166/2010 has been filed by the plaintiff seeking injunction restraining defendant No.4 from acting and functioning as President of defendant No.1 federation.
3. In his written statement, defendant No.4 has alleged that he was fully eligible to contest in the elections, which were held on 25 th September, 2010 in which he was elected unopposed. He assumed office of the President of defendant No.1 with effect from 1st October, 2010. It has further been stated that the plaintiff has deliberately not referred to Article 14(2)(d) of the Articles of Association, which clearly provides that any past President, who continues to represent as member of an affiliate and continues to run a printing unit shall be an ex-officio member of the Governing Council with all rights and CS(OS)No.1852/2010 Page 3 of 8 privileges as applicable to the affiliate member including the right to vote and stand for office. Similar stand has been taken by defendant Nos. 1 to 3. It is also alleged in the written statement of defendants 1 to 3 that the circulars issued by the Hony. Secretary of defendant No.1 were in accordance with the amended constitution of the society and there was no mistake in the circulars.
4. Article 16(a) of the Memorandum and Articles of Association of defendant No.1 on which the plaintiff has relied upon reads as under:-
"16. Election of Office-Bearers:
(a) Nomination to the Office of the President, Vice-President (West), Vice- President (East), Vice President (North), Vice-President (South), General Secretary, Joint Secretary and Treasurer will be invited from amongst the incoming members of the Governing Council whose names have been nominated to the Federation, by the affiliate associations, latest by 30 th April or such other date fixed by the Government Council. The nominations for the post of President will be on rational zonal basis. The sequence of the zones would be : West, East, North, South. Only a Governing Council member who is representing the affiliate association of the respective zone which is next in rotation, will be eligible to file nominations for the Post of President. However, the candidate CS(OS)No.1852/2010 Page 4 of 8 for any post of office bearer must have been a member of the Governing Council for 2 years. Circular letter inviting such nominations will be sent to each member of the incumbent Governing Council at least 10 weeks prior to the date of election meeting of Governing Council."
5. Article 14(2)(d)of the aforesaid Articles of Association reads as under:-
"14(2)(d) Every Past President of the Federation who continues to represent as member of an affiliate and continues to run a Printing Unit, shall be an ex- officio member of the Governing Council with all rights and privileges as applicable to the affiliate members including the right to vote, stand for office and to propose or second the nomination of an office bearer."
6. It would, thus, be seen that though Article 16, to the extent it is relevant, provides that nomination to the office of the President will be invited from the incoming members of the Governing Council, whose names have been nominated to the Federation by the affiliate associations, Article 14(2)(d) stipulates that every past President of the Federation shall be an ex-officio member of the Governing Council provided he continues to represent as member of an affiliate and continues to run a printing unit. If he qualifies these requirements, he will enjoy all privileges as are CS(OS)No.1852/2010 Page 5 of 8 applicable to the affiliate member including the right to stand for an office. The provisions of Article 14 have not been made subject to the provisions of Article 16 of the Articles of Associations of defendant No.1. Applying the Rule of harmonious construction, these Articles have to be read and interpreted in such a manner that as far as possible, neither of them is rendered meaningless and both of them can co-exist together and remain workable in their respective spheres. Applying the aforesaid golden rule of interpretation, I feel that provisions contained in Article 14(2)(d) are in the nature of proviso to the general provisions contained in Article 16, meaning thereby that though the nominations to the post of President have to be invited from amongst the incoming members of the Governing Council, whose names have been nominated by the affiliate associations, a past President, who continues to represent as member of an affiliate and also continues to run a printing unit, can be nominated for any office including the office of the President. If such an harmonious construction is not given to the above referred Articles and it is held that past President cannot be nominated for any office of defendant No.1 Federation, that would render Article CS(OS)No.1852/2010 Page 6 of 8 14(2)(d) completely nugatory and meaningless.
7. Defendant No.4 has placed on record a copy of the certificate issued by the Bombay Master Printers Association whereby it has been certified that he formally represents Utility Print Pack Pvt. Ltd and is a member of the Bombay Master Printers' Association. It has been further certified that the nomination of defendant No.4 to the post of President of defendant No.1 Federation has been proposed and validated by Governing Council members of the association. This certificate clearly shows that defendant No.4 continues to be a member of the Bombay Master Printers' Association and continues to run a printing unit under the name and style of Utility Print Pack Pvt. Ltd. He, therefore, could validly have been nominated for the office of the President of defendant No.1 Federation. His nomination and consequent election, therefore, is in accordance with the Articles of Association of defendant No.1 and prima facie no illegality is found in his election to the office of President of defendant No.1.
8. Even otherwise, defendant No.4 having already assumed charge of office of President of defendant No.1, prima facie, there is no ground for restraining him from CS(OS)No.1852/2010 Page 7 of 8 functioning as the President of the Federation, particularly when he is stated to have been elected unopposed.
9. I find no merit in the applications and the same are hereby dismissed.
CS(OS) No.1852/2010 The plaintiff can file replication, if any, within two weeks from two weeks. The parties are directed to appear before the Joint Registrar on 29th April, 2011 for admission/denial of documents.
The matter be listed before the Court on 12th July, 2011 for framing of issues.
(V.K. JAIN) JUDGE FEBRUARY 07, 2011 vk CS(OS)No.1852/2010 Page 8 of 8