Delhi High Court
National Rifle Association Of ... vs Rajyavardhan Singh Rathore on 25 September, 2013
Author: S.Ravindra Bhat
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% DECIDED ON: 25.09.2013
+ RFA (OS) 47/2013
CM APPL.7466/2013 & 9058/2013
NATIONAL RIFLE ASSOCIATION OF INDIA ..... Appellant
Through: Dr. Abhishek Manu Singhvi, Sr.
Advocate with Mr. Jaiveer Shergill, Mr. Ankur
Soodh and Mr. Rook Ray, Advocates.
versus
RAJYAVARDHAN SINGH RATHORE ..... Respondent
Through: Mr. Maninder Singh, Sr. Advocate
with Mr. Pawanjit Singh Bindra, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI
MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT)
1. The present appeal is directed against a judgment and order of
the learned Single Judge decreeing Civil Suit No.506/2013. The
operative part of the impugned order reads as follows: -
"24. In the result, a decree of declaration is passed in favour of the
plaintiff and against the defendant declaring the proceedings of the
meeting of the Life Members and Annual Members of NRAI to be a nullity
as also the nomination of eight members from these two categories of
members by the President of NRAI as their representatives in the General
Body of NRAI. Consequent upon this declaration the defendant is also
restrained permanently from giving effect to the elections held on 6th
April,2013 which was an earlier interim direction given on 5th
April,2013. The defendant shall, however, be at liberty to hold fresh
elections in accordance with law and its Rules and Regulations to elect
four representatives of the Life Members and four of Annual Members for
RFA (OS) 47-2013 Page 1
being a part of the General Body of NRAI and also to elect fresh members
and office bearers of its Governing Body.
Decree be drawn accordingly."
2. The claim by the respondent/plaintiff in the suit was to a
declaration that the elections to the four slots or positions earmarked
for the Life Sub Group (LSG) members of the General Body from
amongst members of the National Rifle Association of India
(hereafter referred to as 'NRAI') should have been conducted by
election and not through the process of nominations. The General
Body in terms of the NRAI's constitution comprises of 110 members
including the four LSG members. The election/selection to the other
106 posts is not in dispute. The plaintiff, one of the life members
amongst the 5000 others contended that hitherto practice of
nominations to the four LSG category was contrary to the constitution
of the NRAI and that elections from amongst all the life members was
a necessary pre-requisite before the constitution of the General Body.
Another detail is that the General Body of 110 members elects the 36
Governing Body members which include Office Bearers such as
President, General Secretary, etc. The learned Single Judge agreeing
with the contention of the plaintiff/respondent held that the
constitution and bye laws applicable to the NRAI were premised upon
an election for the four posts of the LSG from the General Body.
3. The appellant NRAI claims to be aggrieved by the impugned
judgment and order. It was sought to be urged that the learned
Single Judge fell into error in ignoring the previous order of another
learned Single Judge in OMP 207/2013 and that he ought not to have
RFA (OS) 47-2013 Page 2
proceeded to decree the suit in terms of the impugned judgment and
order in view of the express provisions of Order-XV Rule-3 CPC. It
was also contended that the impugned judgment cannot be construed
as a decree on admission since no such claim was made before the
learned Single Judge. The respondent argued to the contrary and
relied upon the provisions of the constitution of NRAI juxtaposing the
two expressions, i.e., 'election' and 'nomination' to further the
argument made in support of the suit claim.
4. During the course of submissions, the Court was of the opinion
that the interpretation on the expression 'election' so far as it concerns
the election to the rest of the four LSG members from amongst the
5000 Life Members was concerned, is sound and does not call for
interference. However, at the same time, the Court was of the opinion
that since the process of election vis-a-vis the other 106 members had
been completed and results declared - as well as the elections for the
Governing Body members had been completed - the decree requires
some modification.
5. In terms of the views expressed by this Court, counsel for the
appellant agreed that henceforth elections would be conducted from
amongst all Life Members for the four LSG category of the General
Body. It was also agreed by the counsel for the parties after
obtaining instructions that even while sustaining the findings with
regard to the interpretation placed upon the constitution and bye laws
of the NRAI, at the same time, the decree would be modified on
agreed terms.
6. In view of the statements made and in terms of the agreement
RFA (OS) 47-2013 Page 3
indicated by the counsel for the parties, the following directions are
issued: -
1. NRAI would, in the first instance, conduct the elections
from amongst 5000 life members for the 4 slots of LSG
members of the Governing Body. This election shall be
carried out in accordance with the relevant terms and Bye
Laws of the NRAI within eight weeks from today after
giving notice to all the concerned parties entitled to vote;
2. The election results in respect of the undisputed 106 General
Body members shall be treated as final; and
3. The election conducted in respect of the 36 Governing Body
members shall also be treated as final subject to the
condition that in the event the plaintiff/respondent succeeds
in getting elected as a member of the General Body, he
would be given the choice of contesting for any one of the
Governing Body positions - either as a Office Bearer or as a
Member of the Governing Body. In such an event, the
respondent/plaintiff shall indicate his choice for this purpose
within seven days of declaration of the results (of the life
sub group). The election for that particular position in the
Governing Body shall be completed within eight weeks
thereafter, in terms of the constitution and bye laws of the
NRAI
4. In all future elections to the General Body and thereafter to
the Governing Body of the NRAI, the election to the four
LSG members shall be carried out first; thereafter the 110
RFA (OS) 47-2013 Page 4
members of the General Body so constituted shall vote and
elect Governing Body members.
Subject to the above, the General Body and the Governing Body
elected on 06.04.2013 shall take charge of the NRAI and start
functioning forth with.
7. In view of the above, RFA (OS) 47/2013 stands disposed off.
S. RAVINDRA BHAT
(JUDGE)
NAJMI WAZIRI
(JUDGE)
SEPTEMBER 25, 2013
/vks/
RFA (OS) 47-2013 Page 5
