VidhiSangh

Supreme Court of India · 23/01/2024

ADV BABASAHEB WASADE & ORS versus MANOHAR GANGADHAR MUDDESHWAR & ORS

[2024] 1 S.C.R. 1062 · 2024 INSC 52

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Where the Society’s prescribed office-bearers had died and elections were stalled, its recognised Working President could convene an election meeting at the written request of surviving members under the doctrine of necessity. Members whose subscriptions were over three months in arrears could not vote or be counted as members, so lack of notice to them did not vitiate the meeting.

Issues

  1. Whether the Working President could convene the 2002 election meeting when the President, Secretary and other authorised office-bearers had died.
  2. Whether members with subscriptions in arrears for more than three months were entitled to notice and whether omitting notice vitiated the election meeting.
  3. Whether the private respondent had standing to challenge acceptance of the Society’s change report, and what directions were required for future elections.

Provisions considered

Held

Result

The appeal was allowed; the High Court’s judgment and the orders rejecting Change Report No. 668 of 2002 were set aside, and the change report was accepted. The Charity Commissioner was directed to hold fresh Executive Committee elections within six months and determine membership and electoral-roll issues; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1062.