Shivendra Nath Tripathi (Dental Surgeon Orthodontist Hospital Adm) 24 October 2016

Stay for termination proceedings in NGO

I would like to know how to proceed to get stay in disciplinary proceedings of NGO with intention to terminate the membership. The said NGO or Rotary Club President with personal venedictive wants to terminate membership of past president on fictitious allegation of fraud. The past president had taken strong steps to stop pilfering from accounts and other project expenditure and hence the persons effected are now trying to terminate him after his tenure by propagating false abd baseless allegations. We would like to take stay on these proceedings as they are one sided and cannot be impartial. We would like court to stay all such proceedings, instruct club president to appoint a independent committee to review the allegations against him. Under which section should we come the stay plea and to which court?

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2 Replies

adv.bharat @ PUNE (Lawyer) 24 October 2016

District court have jurisdiction to give stay order.

Prior that confirm whether SRO of public department can give it or not?

State wise different rule for NGO also. Whcih state?

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 26 October 2016

You have to file a suit for permanent injunction before the civil court narrating all the facts and the illegality of the action(s) proposed to be taken by the present incumbent. Along with it, you have to file an interim application (IA) under Order 39Rule 1&2 for interim injunction (popularly known stay application).