Union conference vote declared null and void

The First Hall of the Civil Court has upheld a writ of summons filed by Dennis Tanti against the Union Haddiema Maghqudin and ruled that any decisions taken by the union's extraordinary general conference in May 1994 and which affected him were null and void.

Tanti filed his writ against the union in 1994. He claimed that he was a union member and had been elected to the post of UHM vice-president.

In May 1994 an extraordinary general conference of the UHM had approved a motion whereby Tanti was to be removed from his post of vice-president and that he was not to occupy any statutory role within the union unless the UHM general council decided otherwise.

The motion had also declared that the decision could not remain in force for more than two years.

Tanti claimed that this decision was null and void and was in violation of the union's own statute and of the principles of natural justice.

On its part the union submitted that the decision taken was valid and binding.

Mr Justice David Scicluna noted in his judgment that Tanti's submission was based on the allegation that the extraordinary general conference had not been properly summoned by the union's general council, in terms of the union's statute.

The court ruled that the union's statute had not been observed, for the UHM's general council had not issued notice in writing one month prior to the extraordinary general conference.

The court added that Tanti's submission that no standing orders committee had been appointed prior to the conference was founded. Tanti was also correct when he had submitted that there was no legal quorum for the general council to meet.

The court however dismissed Tanti's submission that the rules of natural justice had been violated in his regard.