Case Law Details
The crux of the controversy is whether the appellant which is a Company incorporated under Section 25 of the Companies Act, 1956 is entitled to have two kinds of memberships as aforesaid. The only difference in the rights of the two kinds of members is that while the “Member Exporters” have a right to elect and to be elected as office bearers of the appellant, the “Registered Exporters” have no such right.
The respondent no.1/writ petitioner is a Body/Association of Exporters, though members of the appellant but having neither voting rights nor right to be elected. They are hereinafter called non-voting members. Their grievance in the writ petition was that they were being deprived of occupying the position of office bearers of the appellant or of electing the office bearers of the appellant and which right was confined to only approximately 10% of the members of the appellant, who are herein after called the voting members.
HIGH COURT OF DELHI
Date of decision: 25th January, 2012
LPA No. 356/2011
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