MIA stand on expelling 5 members on issue of MIACSR – club- vindicated

Nagpur: Some years ago, the MIDC Industries Association in Hingna had decided to acquire land from the government to build a Sports and Recreation Center in the Hingna Industrial estate for use of their members, who were all running industries in the Hingna industrial estate, as it is called.

The purpose was noble; the industrial area being far from Nagpur city and the road connecting it always full of traffic, it was thought that having a ‘Recreation center’ which would have sports facilities, as well as a restaurant (with bar) would help members relax and unwind after a busy day before heading home.

It would also be a space where members could take their families and have a pleasant social outing.

Land from MIA was thus transferred to a ‘subsidiary body’ which was created specially to deal with construction of the club building and other infrastructure and ‘run the club’ according to rules laid down by main body.

But seeing the potential of the club in the otherwise barren precincts of Hingna, some rogue elements, who were not even running any industry in MIDC, captured the club and formed a separate body to run it and even formed a new ‘constitution’ which ( illegally) gave rights to certain families to nominate their heirs to the managing committee without being elected. Some local politicians made their entry into the MIACSR and appointed themselves at the helm of the club.

This prompted the MIA executive members to demand clarifications and issue warning to desist from such acitivities and ‘return’ the club to rightful owners – the MIA.

When this did not happen, they were forced to expel 5 members from basic membership of MIA. The five thus expelled were:

Chander Khosla, D.K. Tapadia, Ashok Bagaria, D.N. Gupta and Chandrashekhar Bendre.

These five gentlemen had filed a case against the expulsion and named Chandramohan Randhir, (President of MIA), C.G Shegaonkar, Secretary of MIA and the Association itself as ‘accused’.

Since MIA is registered as a society under the Societies Act 1860 the case was filed in the court of Assistant Charity Commissioner-II, Nagpur.

Some weeks ago, in the first week of March 2018 the court upheld the action of the MIA body in expelling the said members.

The court decided in favour of MIA members and confirmed that they had terminated the members following the mandate provided under the bye laws of the trust ( and not acting on any personal vendetta, as accused.)

The court also ruled that there had been no “mismanaged” on the part of the 3 accused in taking the decision.

It stated categorically that MIACSR is the outcome of the action taken by MIA – and so will remain a subsidiary controlled by it.

The Court took objection to the plot – on which the Club stands – being surrendered to MIACSR without prior permission of Charity Commissioner. (An action taken by the ‘new body’.)

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The Court said categorically that the applicants caused lapse with respect to obtaining prior permissions for transfer of pot No. 138 – on which the club stands.

“It is the principle of equity that the person who seeks equity must do equity.”

Finally the court ruled that “‘considering the overall facts and circumstances of this case, I am inclined to pass the following order :

The application is hereby rejected.
No order as to cost. ”

The order has been signed M.D. Joshi, Assistant Chairty Commissioner, Nagpur.

The advocates for MIA were Advocate Atul Pandey and Advocate Ashish Kiledar. Advocate Mahesh Dhandekar appeared for the applicants.

—Sunita Mudaliar (Executive Editor)