MINUTES OF IESM GOVERNING BODY MEETING HELD FROM 1100H TO 1300H ON SATURDAY, 03 JUNE 2017, AT IESM OFFICE GURGAON

The Governing Body meeting was held from 1100h to 1300h on Saturday, 03 June 2017, at IESM office Gurgaon.

Following members attended the meeting:

1.         Lt Gen Raj Kadyan PVSM AVSM                                  9811226676

2.         Maj Gen Satbir Singh SM                                             9312404269

3.         Maj Gen PK Renjen AVSM                                             9810044542

4.         Brig CS Kamboj VSM                                                     9810856441

5.         Col KK Malhotra                                                              9811552570

6.         Col Kirit Joshipura                                                         9910439890

7.         Wg Cdr CK Sharma                                                        9811424933

8.         Cdr Ravi Pathak                                                              9822329340

9.         Hony Lt K Pandey                                                           9811059825

10.      Hony Capt Nagender Singh                                           9812550277

11.       Hony Capt Bhim Singh                                                   8683027332

12.      Hony Capt Balwan Singh                                                9812854458

13.      Hony Capt Jagbir Singh                                                9728979631

14.      Hony Sub Maj Mohinder Singh                                    9416863016

15.      Ris Om Prakash Ahlawat                                               9467073887

16.      Gp Capt VK Gandhi VSM Gen Sec IESM                     9810541222

Following points were discussed:

1.             The Gen Secretary explained that on the petition filed by IESM, for approval of GB election held during 2014 and other related issues, Hon’ble High Court at Chandigarh has issued an order on 9 May 2017. The order of the court was read out to all members. A copy of the Court Order is also attached to these minutes. The implications of the order were also explained to all. Maj Gen PK Renjen and Brig CS Kamboj explained that the Court order explicitly directs that IESM should conduct fresh elections of new GB as soon as possible. Both parties, the Petitioner and the Respondent of the court case mentioned above, had agreed to this, before the Court passed the order.

2.            As per High Court order, with in fifteen days from the date of issue of Court order, which was issued on 9 May 2017, IESM was expected to write a letter to Registrar of Societies, Gurgaon, regarding conducting elections of GB of IESM. The Gen Sec informed the members that the required letter had been sent to the Registrar on 22 May 2017. The same letter was read out by Gen Sec to all present. It was explained that IESM has fully complied with the Court order. It was further explained that Hon’ble HC order envisages two committees – one Adhoc committee of GB to administer and provide admin support for the election and second Adhoc Election Committee (Chief election officer and returning officers) to conduct impartial elections of IESM.

A copy of the letter sent to The Registrar of Companies on 22 May 2017 is attached to these minutes.

3.            Lt Gen Raj Kadyan expressed his views that everyone was responsible for this poor condition of IESM. We must introspect and must accept our mistakes to ensure that IESM is brought back to its original glory.

4.            To cut down on further unpleasant discussions based on the point raised by Gen Kadyan, Maj Gen PK Renjen immediately agreed to his point that yes all members are responsible for this impasse in IESM.

5.            Gen Renjen further suggested that no useful purpose would be served in opening wounds and blaming each other.

6.            Brig Kamboj also advised that let bye gone be bye gone and let us all move ahead and follow the orders given by Hon’ble HC and conduct elections of IESM. He further confirmed that he was sure that IESM will become a cohesive organization once again after the new GB takes charge of the affairs.

7.        Adhoc Committee of GB: As per order of Hon’ble HC, the Petitioner on behalf of IESM (Gp Capt VK Gandhi) and the Respondent (Lt Gen Raj Kadyan) would not be part of Adhoc Committee formed to administer and provide admin support for elections of new GB of IESM.

Brig CS Kamboj was unanimously nominated to head the Adhoc Committee with other GB members as members of the committee. Brig CS Kamboj will be the Coordinator of Adhoc Committee. He was also authorized to write to Registrar of Societies, Gurgaon, on all election issues.

The Adhoc Committee will also ensure that regular notices are issued to members well in time as per MOA of IESM and as per section 39(10) of the Societies Act of Haryana dated 28 Mar 2012. The Coordinator Adhoc Committee will write to Registrar Societies Gurgaon regarding forming of Adhoc Committee and names of its members in the true spirit of order of Hon’ble HC.

The Registrar will be requested by the Adhoc Committee to detail an ‘Observer’ for the elections as ordered by Hon’ble HC.

8.        Date of conduct of Elections for the New GB of IESM: It was unanimously agreed that elections for GB of IESM would be conducted on 27 Aug 2017 depending on the availability of venue. Date can be changed depending on availability of venue. Sufficient time must be given to the administration team to prepare election notices and dispatch them to all IESM members.

9.        Venue of Elections: It was unanimously decided that Noida is the most suitable venue as AGM and elections in 2010 and 2012 had been held in Noida. The first ever meeting of 2008, when IESM was borne, was also held at Noida.

10.      Col KK Malhotra was requested to book the venue of elections at Noida, preferably at AVCC Noida or AVI Noida.

11.      Plan for Elections: General rules as given in MOA and Society Act for conduct of elections were unanimously agreed by all present. Accordingly, the following was agreed to by all

1. Cutoff Date for Members Joining IESM, who can participate in Elections: It was unanimously agreed that those IESM members who become members till 30 June 2017, will be eligible to cast their vote for the forthcoming elections.
   
   
2. Casting of Votes: As per the MOA, it was unanimously decided that a member desirous of voting has to personally come to the voting site and vote by authorized ballot paper. No postal ballot or any other form of voting will be permitted.
   
   
3. The Posts for which Elections will be conducted: It was unanimously agreed that elections will be held for five appointment holders i.e.; Chairman, Vice Chairman, Gen Sec, Jt Gen Sec and Treasurer and 16 seats for GB members. There will be total 21 members in the new GB.

4. Eligibility Condition for Elections: Eligibility conditions for members who wish to contest election must be clearly framed and sent as part of the notice for elections. Every IESM member would be free to contest election for anyone of the 21 posts for which elections are to be held. Conditions for filing nomination for the election will be framed by the Adhoc Committee and they will be included in the notice to be sent to IESM members.

5. List of Members: Lt Gen Raj Kadyan asked that an updated list of members, as existing now, must be shared with GB members. Wg Cdr CK Sharma confirmed that updated list of members will be circulated soon (within a week).
   Another list of IESM members, as on 30 Jun 2017, will be issued latest by 08 July 2017.

6. Following Important Dates were unanimously agreed:

                          i.   Issue of Election notice by Wg Cdr CK Sharma      20 June 2017

                         ii.   Dispatch of election notices.                                       30 June 2017

                        iii.   Advertisement in newspaper (if required)                 1 to 8 July 2017

                        iv.   Last date for receipt of nomination forms               1700h 4 Aug 2017

                         v.   Last date of withdrawal of nomination forms          1700h  9 Aug 2017

                        vi.   Last date of scrutiny of nomination forms               10 Aug 2017

                       vii.   Date of dissemination of approved nominations       14 Aug 2017

12.      Selection of Chief Election Officer and Returning Officers: Some names were suggested by Brig CS Kamboj for forming team of returning officers. It was unanimously decided that more time is required to find suitable ESM who would be willing to undertake such important task. It was decided that Brig Kamboj will coordinate and finalize names in consultation with other members of the Adhoc Committee.

13.      Next Meeting of Adhoc Committee: It was decided that the next meeting of the Adhoc Committee will be held at 1100h on 11 June 2017, at IESM office in Gurgaon.  During the next meeting names of the Chief Election Officer and Retuning Officers etc will be finalized. All members of Adhoc Committee should ensure that names they recommend for the Election organization are willing to do the job to full satisfaction of the Adhoc Committee and members of IESM. An assurance to this effect will be given by the person recommending such names.

14.      As per the Court order Lt Gen Raj Kadyan, the respondent of the Court Case and Gp Capt VK Gandhi, who on behalf of IESM had filed the case in HC, will not form part of the future meetings of The Adhoc Committee.

15.      Reimbursement of Airfare for Outstation Members: It was unanimously agreed that attending GB meeting is sacrosanct for all members. Hence if train reservations are not available on short notice, members will be permitted to fly by air to attend GB meetings. Air travel for members to attend to important meetings of society was approved in AGM in 2013.

16.          Funds Required for GB Elections: It was unanimously agreed that GB will write to the IESM bank for unfreezing of accounts. The bank account will be operated by GB as ordered by Hon’ble HC as heretofore. Funds will be withdrawn for conduct of elections and running day to day administration of IESM. Gen Sec informed that approximately Rs 3.5 lakh will be the expenditure for the conduct of election and AGM. Gen Sec also informed that final details of expenditure will be put up to GB for approval on completion of the event. It was approved unanimously.

17.          Maintenance of Accounts: Hony Captain Jagbir Singh brought out that there should be a provision in IESM rules to get the accounts of IESM checked by another IESM member on a regular basis, who could be of any rank. Brig Kamboj agreed with the suggestion but explained that the present Governing Body cannot amend any rules. We may give this suggestion to the next Governing Body for implementation, which was agreed by all.

Wg Cdr CK Sharma, Treasurer, clarified that IESM accounts are being maintained as per standard rules of societies. Any member of GB or any member of IESM is free to check accounts anytime.

Wg Cdr Sharma further explained that The Chairman of IESM is expected to examine and sign the accounts every month. All expenditure incurred by IESM is presented to GB periodically and is approved after due discussions. All major expenditure planned for future rallies, AGM, election or any major event is approved in advance. The final expenditure details are again put up to the Governing Body at the end of the event. After annual audit by the authorized CA, Balance Sheet is circulated to all members of IESM attending AGM. During the AGM, all members are free to question the expenditures incurred. They are given details to their entire satisfaction.

18.          Legal Fee and Admin Expenditure for Court Cases: Some members enquired about the expenditure on court cases being fought by IESM. It was explained that since the court cases are against the organization, all expenses on court fee, legal fee and travel expenditure of members to attend the court and lawyer discussion are being met from the funds of IESM. This has also been approved in the AGM in 2013.

19.          AGM: It was decided that AGM for the current year will also be planned along with elections on 27 Aug 2017.

20.         Issuing of Minutes of Meeting for GB Meeting of 03 June 2017: It was decided that Minutes of the meeting held on 03 June 2017 will be issued by Brig CS Kamboj, who has been unanimously requested to coordinate activities of Adhoc committee.  

Meeting ended at 1300h

Brig CS Kamboj VSM

Coordinator Adhoc Committee of IESM
Email ID – chander.kamboj@itintellectuals.com

03 June 2017

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Dated:     22 May 2017

To

The District Registrar,

Office of the Registrar of Firms & Societies,

Gurgaon, Haryana

ANNUAL GENERAL BODY MEETING AND HOLDING OF ELECTION FOR THE GOVERNING BODY

INDIAN EX SERVICEMEN MOVEMENT (IESM)

1.   Please refer our MoA Regd No. DR/GGN/179 (2008-09) of Indian Ex Servicemen Movement (IESM) dated 15 Dec 2008 and Punjab & Haryana High Court Judgement dated 09 May 2017 (Copy enclosed).

2. Honorable High Court has ordered that election of IESM to elect new Governing body need to be held. It has been decided that election to elect the new GB will be held in July/Aug 2017. Election details will be decided by Governing Body of IESM and final program will be intimated to your office soon.

With Regards,

Jai Hind                                 

Yours Sincerely,

                                                Gp Capt VK Gandhi VSM (Retd)

                                                Gen Sec IESM

                                                          Mobile   09810541222

                                                 Email: vk_gandhi@yahoo.com ===============================================

COURT ORDER COPY

In the High Court of Punjab & Haryana at Chandigarh.

CWP-18468 of 2014 (O&M)

Date of decision: 09.05.2017

Indian Ex Servicemen Movement ..... Petitioner.

V/S

State Registrar of Societies and others ..... Respondents

CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

Present: Mr. A.D.S.Jattana, Advocate, for the petitioner.

Mr. R.K.Singla, AAG, Haryana, for respondents No. 1 and 2.

Mr. Vaneet Soni, Advocate for respondent No.3.

*****

M.M.S. BEDI.J.(ORAL)

Indian Ex-servicemen Movement, a registered body under the Societies Act 1860, constituted with an objective of the welfare of the entire Indian ex-servicemen community, has filed the present writ petition challenging the order dated 31.07.2014 (Annexure P10), passed by the State Registrar of Societies, Haryana whereby the appeal filed by the petitioner- Society against the order dated 29.08.2013 (Annexure P4) passed by respondent No.2- the District Registrar of Societies, Gurgaon, claiming that the same has been passed illegally on the application of respondent No.3 who had challenged termination of his primary membership from the petitioner-Society, was disposed of upholding the order dated 29.08.2013, except composition of Ad hoc committee of the Society.

After arguing for a short duration, on the suggestion of the Court, the petitioner-Society and respondent No.3 have arrived at a consensus that the election of the petitioner-Society can be held under the provision of Section 39 (10) of the Haryana Registration and Regulations of Societies Act, 2012 (for short 'the Act') by constituting an Ad hoc committee or by appointing the Returning Officer as the due date for election of Governing Body has expired. The parties have arrived at a settlement that an Ad hoc committee shall be formed which shall be responsible for holding the election. But in view of the fraction having developed among the members, an order can be passed that none of the existing members of the Governing Body of the years 2012 or 2014 shall form part of the Ad hoc committee.

It has been urged that the District Registrar of Societies, Gurgoan, Haryana, may be directed to seek objections regarding the names which should be included in the Ad hoc committee.

I have considered the proposal and the consensus, arrived at between the petitioner-Society and respondent No.3. Since the existing members of the Governing Body are not individually parties before this Court, no order can be passed regarding the fact whether they may be a part of the Ad hoc committee or not.

This Court is of the considered view that the ends of justice would adequately be met in case a direction is issued that the petitioner- Society shall approach the District Registrar of Societies as per provisions of Section 39 (11) of the Act for appointment of Returning Officer/or observer for conducting election of Governing Body, as the case may be, whereupon the District Registrar of Societies Gurgoan, shall pass an order of appointment of Returning Officers within seven working days on receipt of such request from the Governing Body or Ad hoc committee.

This petition is disposed of with a direction that the petitioner-Society through its Governing Body of the year 2012 shall approach the District Registrar of Societies, as per the provisions of Section 39(11) of the Act within a period of 15 days. The District Registrar of Societies Gurgoan, shall proceed in the matter under Section 39 (11) of the Act for holding the election process as per the provisions relevant for election under the Act and Rules/Regulations framed thereunder.

The Governing Body of year 2012 would be entitled to operate bank account for the purpose of achieving fair election.

Since, petitioner-Society consists of respectables and decorated officers/members, they would facilitate fair election to enable the petitioner- Society to achieve its aim and objects.

09.05.2017                                                    (M.M.S. BEDI)

smriti                                                              JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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(Source - Via Gp e-mail)