Doctrine of Necessity – Powers to convene election meeting – Elections of Executive Committee of the Trust -Section 15 of the Societies Registration Act, 1860 – Right of default members to vote

In the elections held on 8.9.2022 by the appellant no.1 Working President, new Executive Committee was elected with the Appellant No.1 as President and Appellant No.2 as Secretary.   

Change Report filed before the Assistant Charity Commissioner, Chandrapur, was objected on various grounds by seven persons including one of non-service of notice dated 3.9.2022 of elections and that the Working President had no authority to convene the meeting.

By the order dated 19.6.2010, the change report was rejected.   However, the appeal was allowed on 12.4.2016 and the change report was accepted.

The District Judge allowed the misc. Application of the objectors. This was confirmed by the High Court.

In all five important points were framed by the Supreme Court in para 13 of the judgment for consideration and decision.

HELD that the convening of the meeting by the Working President on the requests of 16 surviving members was “necessity” at the time, the seven objectors were in default in payment of annual subscription and therefore, not entitled to any notice of election meeting as they were prohibited from voting and counted as member under Section 15 of the Societies Registration Act. As such issuing notice to such members would be an exercise in futility. They are to be treated as suspended members and there was no occasion to give notice.   The proviso to section 15 of the Registration Act would dis-entitle such defaulting members to any such notice even if their membership was not terminated or ceased.  Accordingly, the change report was accepted and the appeal was allowed.

Judgment dated 23.1.2024 in Civil Appeal No.10846 of 2018 of Adv Babasaheb Wasade and others  Vs. Manohar Gangadhar Muddeshwar and others