ADV Babasaheb Wasade & Ors. Vs Manohar Gangadhar Muddeshwar & Ors. (Supreme Court of India)
The Supreme Court allowed the appeal challenging the Bombay High Court’s judgment, which had upheld the rejection of a change report relating to the election of the Executive Committee of Shikshan Prasarak Mandal, Mul, a society registered under the Societies Registration Act, 1860 and the Bombay Public Trusts Act, 1950. The dispute arose after the President, Vice-President, Secretary and other key office bearers of the Society had passed away without fresh elections being held. Before the President’s death, the Executive Body had appointed the first appellant as Working President to manage the day-to-day affairs. Acting on a written request by 16 members, the Working President convened a special meeting on 8 September 2002, where a new Executive Committee was elected and a change report was filed before the Assistant Charity Commissioner. Seven persons objected, alleging that they had not received notice of the meeting, that the Working President lacked authority to convene it, and that certain requisitionists were not valid members.
The Court noted that it was undisputed that all seven objectors had defaulted in payment of annual membership subscriptions for more than three months and, under Section 15 of the Societies Registration Act, were not entitled to vote or be counted as members. It also observed that notices had not been issued to them because of this statutory disqualification. The Court further noted that the Working President had been functioning in that capacity since 1997 without challenge and that the appellants had continued to manage the Society through successive elections for more than two decades.
