RADHESHYAM LADHA Vs. STATE OF M P

JUDGEMENT

(1.) HAVING heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in the writ and hence it merits dismissal in limine.

(2.) WHAT is sought to be challenged in the writ is one resolution dated 8-5-2001 (Annexure P-5) passed by the Society of which the petitioner is a share-holder. He says that such resolution ought not to have been passed and if passed the same deserves to be quashed,

(3.) NO writ lies to challenge the resolution passed by a society at the instance of one shareholder. It does not involve any statutory infraction or violation of fundamental right. Every Society has a right to pass a resolution and act on it. If any member of such society feels that resolution suffers from some defect he must resort to a remedy available in law and under the Act in which the society is formed. Writ Court is not the forum to examine the legality of the alleged resolution passed.