A.M.KHANWILKAR,J. - (1.) The central question in this appeal is: Whether the invalidation of membership of appellants and the impleaded appellants[1] (and two others), solely on the ground that the then Managing Committee on its way out and facing no confidence motion before the Special General Body Meeting[2] demanded by the majority of existing members of the Society ought not to have hastened admission of new members, is just and proper and the appropriate direction necessary in that regard? [1] For short, "the appellants" [2] For short, "SGBM" FACTUAL MATRIX
(2.) Briefly stated, Prabodhan Education Society[3] is a registered society under the Societies Registration Act, 1860[4]. The Society consisted of 32 members - before induction of 22 persons (including the appellants) as members on 17.09.2017 and their subsequent removal in terms of the impugned decision. [3] For short, "the Society". [4] For short, "the 1860 Act".
(3.) The bye-laws of the Society mandate that the elections to the Karyakari Samiti (Managing Committee) be held every three years. The elections to the Managing Committee were due in September 2013, however, there was a delay in conducting elections, which ultimately came to be held on 05.10.2014. While the Managing Committee elected in 2014 was at the helm of affairs of the Society, it was served with a requisition dated 07.11.2016 signed by 18 of the 32 existing members of the Society, to convene a SGBM for removal of the Chairman, Secretary and Treasurer and for conducting elections therefor. The removal of the Managing Committee was sought on various grounds of abuse of power and mismanagement, resulting in loss of confidence.;