Augustine George Masih, J. - (1.) THE petitioner has approached this Court for issuance of writ of certiorari for quashing of order dated 4.7.2008 (Annexure P -7) passed by the District Registrar, Firms and Societies, Kurukshetra (respondent No. 21 and also the latter dated 27.03.2007 (Annexure P -4) issued by Senior Citizens Forum (Registered), Kurukshetra (respondent No. 3) whereby the membership of the petitioner has been terminated from the Forum without affording any opportunity of hearing in gross violation of the principle of natural justice.
(2.) IT is the case of the petitioner that he was a member of the respondent -Forum which is a registered body under the Societies Registration Act, 1860 (hereinafter referred to as 'the Act'). The grudge of the petitioner is that his membership has been terminated by the Forum without affording opportunity and in total violation of the principle of natural justice. It has further been contended by him that he initially filed a civil suit but withdrew the same with permission to file a writ petition. The petitioner then filed C.W.P. No. 13188 of 2007 (B.L Arora v. The Registrar and Ors.). The said writ petition came up for hearing before a Division Bench of this court, when the counsel for the petitioner requested that the petitioner would approach the Registrar under the Societies Registration Act and liberty may be granted. The said permission was granted. The petitioner accordingly approached the Registrar. The District Registrar, Firms and Societies, Kurukshetra took up the matter for final decision on 4.7.2008 and passed a detailed and well reasoned order wherein all contentions raised by the petitioner were considered and decided.
(3.) THE affairs of the society are to be strictly governed by its Rules and Regulations enacted and adopted by its members. Rule 3 of the Rules and Regulations of the Society deals with the members of the society. Sub clause 'e' of Rule 3 gives the grounds on which the membership can be terminated. The procedure is provided in this Sub -section and according to this, the membership of the society of a member can be terminated by 2/3rd votes of the total members of the Managing Committee. Rule 5 provides for the power of the Managing Committee which shows that the managing committee shall have the power to admit, suspend, terminate the members and also to appoint and terminate the employees. There are 15 members of the Managing Committee of the society. On the date when the meeting was held to terminate the membership of the petitioner, 12 out of 15 members were present. 11, out of these 12 members, voted in favour of the decision for termination of members of the petitioner. 11 members of the Managing Committee constitute more than 2/3rd votes of the total votes of the Managing Committee. These proceedings dated 26.3.2007 were approved by the meeting held on 8.4.2007. The order of termination dated 27.02.2007 was communicated to the petitioner. It would not be out of way to mention here that there is no provision in the Memorandum of Association and the Rules and Regulations of the Society for grant of any opportunity/show cause notice before terminating membership of a member. It is for the Managing Committee/Executive Committee to take a decision on the matters taken up for consideration in the meeting of the Managing Committee.;