The B.C. Court of Appeals rejected an appeal over a legal battle between factions vying for the leadership of the Sikh Temple in Penticton.

The Nov. 5 decision by the three Appeal Court Justices upheld the May decision in the B.C. Supreme Court that found in favour of one of the two factions of the temple's congregation.

The two groups, identified as the Bains Group and the Garcha Group, each filed a petition after the Penticton Sikh Temple and Indian Cultural Society91裸聊视频檚 annual general meeting and leadership vote in December of 2023, which appointed 22 directors to the society.

The Garcha Group accused the Bains Group of using non-members to impact the selection of directors, while the Bains Group accused the Garcha Group of changing officers of the society, the society91裸聊视频檚 registered office, the acclamation of some newly elected directors, and changing the locks on the temple91裸聊视频檚 front and office doors.

In the original May ruling, Justice Loo found that the actions by the Garcha Group were neither justified nor reasonable following the AGM.

91裸聊视频淚f [the Garcha Group] was unhappy about the outcome of the AGM, they could have taken other steps, such as these petitions. It instead resorted to 91裸聊视频榮elf-help91裸聊视频� steps which were unlawful,91裸聊视频� reads the judgment.

The last time directors were chosen was in 2018, and members of both groups were acclaimed as directors at the 2023 meeting.

The judgment notes that the society conducted formal membership drives in 2016 and 2018 and that no drive or updated membership list had been created since 2018.

91裸聊视频淎s a result, by 2023, there were numerous people who were regular attendees at the temple but were not members of the society,91裸聊视频� reads the judgment.

Both groups agreed that non-members cast votes and participated in the AGM. Under the Societies Act, non-members are not allowed to participate in a ballot-based election and vote.

However, Justice Loo found that even if, as claimed, up to 20 per cent of those at the meeting weren91裸聊视频檛 members, the fact that the directors were selected by acclamation meant that there was no formal vote made and the presence of non-members was a moot point.

It was agreed by both groups that the directors were elected by acclamation, although three later resigned.

91裸聊视频淔urther, there is no evidence that anyone protested the general idea that directors could be acclaimed or that anyone demanded an election by ballot,91裸聊视频� reads the judgment. 91裸聊视频淚n my view, the important point flowing from the evidence described above is that the acclamation was essentially carried out by consensus.91裸聊视频�

A claim of improper notice for the meeting was also raised by the Garcha Group and dismissed.

Justice Loo did find that two non-members were acclaimed as directors and that they should either resign or become members.

Two other directors were also at odds, although the justice declined to invalidate their appointment, citing evidence given from both the chair of the AGM and the Garcha Group as to whether or not they had been added to the minutes after the meeting had concluded.

Following the May ruling, the Garcha Group launched an appeal, claiming that Justice Loo had erred in concluding that the acclamation of directors was not invalidated by a lack of sufficient notice regarding the election or the participation of non-members at the AGM.

The Garcha Group also claimed that Justice Loo had erred in finding its post-meeting conduct was unjustified and unreasonable, failing to deal with live issues concerning the conduct of the society91裸聊视频檚 affairs, and providing inadequate reasons for some of the conclusions that he reached.

The three justices that heard the appeal rejected every claim made by the Garcha Group and dismissed the appeal, with only a minor agreement on one point that nevertheless did not give grounds for an appeal. 

"I agree with the Garcha Group that the judge91裸聊视频檚 reasons for finding its post91裸聊视频憁eeting conduct unjustified and unreasonable are somewhat terse and minimal," reads the Nov. 5 decision. "Considered in the context of the record, the 91裸聊视频渨hat91裸聊视频� and the 91裸聊视频渨hy91裸聊视频� of the judge91裸聊视频檚 decision are discernible: the Garcha Group resorted to self-help measures after the AGM that failed to comply with the Society91裸聊视频檚 Bylaws and the requirements of the Societies Act. Accordingly, that conduct was unlawful and the judge was entitled to exercise his discretion in the manner that he did."