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2021 Supreme(SC) 67

A. M. KHANWILKAR, S. RAVINDRA BHAT
SWATI ULHAS KERKAR – Appellant
Versus
SANJAY WALAVALKAR – Respondent


Advocates Appeared:
For the Petitioner(s):Huzefa Ahmadi, Abhijit Gosavi, Anshula Vijay Kumar Grover, Ivo D’Costa, Advocates
For the Respondent(s):R. P. Gupta, Arun R. Pedneker, Mukti Chowdhary, Sahil Tagotra, Advocates

JUDGMENT :

A.M. KHANWILKAR, J.

1. The central question in this appeal is: Whether the invalidation of membership of appellants and the impleaded appellants1[ For short, “the appellants”] (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 Meeting2[For short, “SGBM”] 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?

FACTUAL MATRIX

2. Briefly stated, Prabodhan Education Society, 3[For short, “the Society”.] is a registered society under the Societies Registration Act, 18604[For short, “the 1860 Act”.]. 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. The byelaws 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


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