NDLI: Swati Ulhas Kerkar and Ors. Vs. Sanjay Walavalkar and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Societies – Continuation of election process pending the present appeal
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Societies – 22 persons (including appellants) were inducted on 17.09.17 as members of the Society by the Managing Committee, despite the pending requisition expressing no confidence against it – Decision set aside by Registrar – Upheld by High Court – Challenged by the Society, Chairman and Secretary – SLP was dismissed with the observation that if the 22 persons who were dis-membered assail the decision of the High Court, the issue can be considered on merits – Present appeal – Held: Decision of the then Managing Committee dtd.17.09.17, suffers from the vice of unseemly haste, and thus is colourable exercise of power and non-est in the eyes of law – It cannot be viewed differently for 5 appellants just because of prior date of application – This is precisely the effect of the decision of the Registrar in his operative order [paragraph (A)] as applicable to the appellants and similarly placed two other persons, who are not before Supreme Court – High Court rightly upheld that conclusion of the Registrar vide impugned judgment while dismissing the writ petition of the Society – Order passed by the Registrar (paragraph (A) of operative order) as affirmed by the High Court, clarified – Applications made by the appellants and similarly placed two other persons for grant of membership of the Society, are deemed to be pending and/or revived and be considered by the newly constituted Managing Committee on its own merits, keeping in mind the observations made in the present judgment – Societies Registration Act, 1860. Societies – Continuation of election process pending the present appeal – Challenge to – Held: Not maintainable at the instance of the appellants as their status is merely that of the applicants for grant of membership – Until they are admitted as members of the Society, they would have no right to participate in the election process
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2021 INSC 74
Petitioner	Swati Ulhas Kerkar And Ors.
Respondent	Sanjay Walavalkar And Ors.
SCR	[2021] 3 S.C.R. 1170
Judgement Date	2021-02-10
Case Number	412

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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