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REKHA BORANA
Marwar Muslim Education and Welfare Society – Appellant
Versus
Fazlurrahaman – Respondent
JUDGMENT :
Rekha Borana, J.
1. All the present appeals arise out of the Order dated 11.08.2023 and therefore, they have been heard together and are being disposed of by this common Order.
2. The facts of the leading appeal being S.B. Civil Misc. Appeal No. 1372/2023 are being taken into consideration.
3. The present appeal has been preferred by defendant No. 1 Marwar Muslim Education and Welfare Society (hereinafter referred to as 'the Society') aggrieved of the order dated 11.08.2023 passed by the Additional District Judge No. 7, Jodhpur Metropolitan in Civil Misc. Case No. 11/2022 (NCV No. 18/2022), whereby an application under Order 39 Rules 1 & 2 read with section 151 of the Code of Civil Procedure (CPC) as preferred by the plaintiffs has been allowed.
4. Vide the order impugned, the learned trial Court ordered as under.
5. The complete dispute in the present matter is regarding an amendment introduced in the bye-laws of the Society in the year 2020. The proposal for the said amendment is alleged to have been made on 02.02.2020 which was allegedly approved by the General House on 01.03.2020 and further again by the General House on 15.08.2020. After the said amendment having been int
The court declared the amendments to the Society's bye-laws void and directed fresh elections, emphasizing adherence to established governance procedures.
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
Only the Prescribed Authority has the jurisdiction to decide on the validity of society elections under the relevant provisions of the Act.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
An amendment of pleadings under Order VI Rule 17 CPC must be disallowed if it changes the nature of the suit or introduces an entirely new cause of action foreign to the original plaint, even if aime....
The applicable bye-laws on the date of commencement of the election process govern the entire process of election, and the Returning Officer is obliged to act as per the bye-laws.
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
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