PRABODHAN EDUCATION SOCIETY Vs. SANJAY WALAVALKAR

JUDGEMENT

(1.) An educational society has 32 members. Its Managing Committee administers its affairs. Once elected, the Committee has a three-year tenure. To begin with, in 2014 it had elections held, belatedly. A couple of years later, the majority members wanted a Special General Body Meeting (SGBM) held. That was for holding elections on time and to express their lack of faith on the Managing Committee. The Committee did not hold the SGBM. That has led to litigation. Pending the litigation, the Managing Committee inducted 22 new members and thus altered the membership equation.

(2.) Has the Managing Committee abused its position, or has it acted well within its powers?

(3.) The petitioner, an Educational Society, with 32 members, must have elections to its Managing Committee every 3 years. If we begin from 2010, the Society had its elections in September 2010. The next elections must have been in September 2013; instead, it had the elections in October 2014.