Order passed on original side appeals challenging single Judge’s orders

The Madras High Court has appointed a senior advocate to conduct election to the office-bearers of the Gymkhana Club as per the club’s existing rules and bye-laws. The election officer should complete the process by June 30, the court ordered.

A Division Bench, comprising Justices M. Jaichandren and M.M. Sundresh was passing the order on original side appeals by the club and others challenging a single Judge’s orders of July 27 and September 21 last year. It set aside the two orders.

The Bench directed M.K. Kabir, a senior advocate, to conduct the election. It made clear that the present office-bearers and the committee members could file their nominations and contest the election, if they were found to be qualified to do so as per the club’s rules.

The election officer should keep the full text of the auditors’ report and the report of the investigation committee, for the scrutiny of the club members, well in advance.

The reports should be kept in the club office to enable members to peruse the same during working hours. On completion of the election process, it would be open to the elected office-bearers to initiate appropriate action, if any, against those who were found to be responsible for irregularities alleged to have been committed, taking into consideration the observations made in the auditors’ report and the report of the investigation panel. It would be open to the office-bearers and members of the committee to contest the election, unless they were otherwise disqualified as per rules and bye-laws.

The court ordered that the elected office-bearers would continue in office till the next annual general body meeting is held, on or before September 30, 2014.

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