- (1.) JULLUNDUR Club Ltd. , Jullundur Cantonment, is a public limited company incorporated under the Indian Companies Act. The annual general meeting of the club for the year 1968 was held on 28th of September, 1968, at the club premises. Major Mella Singh (retired), a resident of Jullundur Cantonment and a permanent member of the club, had submitted certain objections in writing to the club, pointing out certain irregularities, mostly relating to the accounts, etc. , which accounts were to be passed at that general meeting. According to Major Mella Singh, who is the petitioner in this case, this annoyed the committee, managing the affairs of the club, which, inter alia, included Group Captain J. G. Shukla, who presided at the aforesaid annual general meeting of the club in the absence of the chairman. Six persons were to be elected as the members of the managing committee for the next year. For these six posts, seven names were proposed and seconded, including the name of Major Mella Singh, petitioner. Out of the remaining six, four were officers of the defence forces including Group-Captain Shukla and two were civilian members, namely, Mr. K. S. Mathra Dass and Guru Amarjit Singh. Thus, there being seven names for six vacancies, votes had to be taken. The petitioner and four others demanded "election by poll". Article 27 of the articles of association of the club relating to the question of voting provides as follows : "every question submitted to the meeting shall be decided in the first instance by the usual show of hands. . . . . . . . . . . . . . . Unless a poll is demanded by at least five members, a declaration by the chairman that a resolution has been carried by a particular majority, or lost or not carried by a particular majority, and an entry to that effect in the book of proceedings of the club shall be conclusive evidence of fact without proof of the number or proportion of the votes recorded in favour of or against such resolutions. "
(2.) AS the requirements of this article were fulfilled inasmuch as five members had demanded a poll, this request was granted and the chairman explained that under Article 28 of the articles of association he, as the chairman, was to fix the manner, time and place of the poll. The chairman directed that the poll be taken then and there and the procedure adopted by him was as given in the minutes of the meeting of the club (exhibit R. W.-1) as follows: "the chairman then decided to divide the house into two parts and asked for volunteers from each part of the house for counting the votes. He further confirmed from the house that nobody objected to the appointment of these two members for counting votes. He then explained to the house the system of the poll which was that on the announcement of the name of each of seven candidates, members in favour of each would raise their left hand. These could be counted by the respective member appointed for the purpose who would convey the count loudly to the chairman. The chairman would then add both the sides and the proxies, if any, and would announce the total votes secured by each candidate. The six candidates securing maximum votes would be declared elected members of the committee. "
(3.) THE chairman also informed the house that valid proxies from the following three members had been received : (a) Group Capt. J. G. Shukla-17 (b) Lt. Col. Charanjit Singh-6 (c) Major Mella Singh (Retd.)-8;