{"id":312449,"date":"2024-01-30T11:00:30","date_gmt":"2024-01-30T05:30:30","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=312449"},"modified":"2024-01-30T10:30:19","modified_gmt":"2024-01-30T05:00:19","slug":"societies-registration-act-defaulting-members-not-entitled-notice-meeting-election-even-membership-was-not-terminated-ceased-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/01\/30\/societies-registration-act-defaulting-members-not-entitled-notice-meeting-election-even-membership-was-not-terminated-ceased-sc\/","title":{"rendered":"[Societies Registration Act] Defaulting members not entitled to notice for meeting of election, even if their membership was not terminated or ceased: SC"},"content":{"rendered":"
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Supreme Court:<\/span> In an appeal against the judgment and order passed by the Bombay High Court, whereby the appeal was dismissed, thereby confirming the order passed by the District Judge, which confirmed the order passed by the Assistant Charity Commissioner, Nagpur rejecting the change report filed by the appellants, the division bench of Vikram Nath*<\/span> and Ahsanuddin Amanullah, JJ. while setting aside the impugned order and accepting the change report, has directed fresh elections for the new executive committee of the Society by the Charity Commissioner in accordance with law within six months from the receipt of a copy of this Judgment. Further, it held that the proviso to Section 15<\/a> of the Societies Registration Act, 1860<\/a> [the Registration Act] would disentitle defaulting members from being given any notice even if their membership was not terminated or ceased.<\/p>\n

Background:<\/p>\n

‘Shikshan Prasarak Mandal’ is a society registered under the Registration Act as a charitable society since 1946. The Society in its turn framed its rules and regulations. Later, the Society was registered as a Public Trust under the Bombay Public Trusts Act, 1950<\/a>. The rules and regulations of the Society were incorporated as its byelaws and were duly registered under the Trusts Act. The Society members were required to pay an annual membership subscription of Rs. 11\/- per year to the Society.<\/p>\n

Prior to the death of the President due to his poor health, the Executive Body under his presidentship passed a resolution empowering the appellant 1 to be designated as the Working President.<\/p>\n

As there was no elected President, Vice-President or the Secretary, 16 members of the Society requested appellant to summon extraordinary meeting to hold the elections. Pursuant to this, the appellant acting as Working President, issued notice for summoning a special meeting for the elections of new Executive Body. The elections were held on 08-09-2002 and a new Executive Committee was elected with appellant 1as the President and appellant 2 as the Secretary. Accordingly, a Change Report was submitted under Section 22 of the Trusts Act before the Assistant Charity Commissioner. Objections were filed by 7 people claiming to be members of the Society, that notice had not been served on them and that appellant 1 had no authority to issue notice to summon a meeting for election. It was also alleged in the objections that the signatory to the request letter were not valid members of the Society and were yet to be approved by the Executive Committee. Further other signatories of the same objection had retired and hence, they ceased to be members.<\/p>\n

The Assistant Charity Commissioner allowed the objections and accordingly rejected the Change Report. The appellant preferred an appeal before the Joint Charity Commissioner, which was allowed, and the Change Report was accepted. Against this, an application was filed by the Objectors before the District Judge, which was allowed. Aggrieved by the same, a first appeal was preferred before the Bombay High Court which was dismissed by the impugned order, giving rise to the present appeal.<\/p>\n

Issues and Analysis:<\/p>\n