Legal Question in Administrative Law in India

societies registration act 1860

Dear Sir

In Chennai I filed a suit in high court, against a community society for conducting elections without sending notices to about 400 members as the defendants claim that the members were not properly enrolled bcos executive committee has not approved (under the bye-law) and hence not members.

My claim is after i refered to some books found that in AIR 1990 ALL. 743, THAT THE ACT PROVIDES THAT IF THERE EXISTS A MEMBERSHIP DISPUTE, IT MUST BE SETTLED BEFORE SENDING ELECTION NOTICES AND ACCORDINGLY THE ELECTION WAS DECLARED INVALID AND ACCORDINGLY I HV FILED THE SUIT.

I have made one person as one among the 25 defendants on knowing that he has been indcuted as vice president.

When the defendants filed their affidavit, they hv mentioned this person as a member.

My question is -- how grave it is to suppress and mislead the court by not mentioning him as vice president?? How big an advantage will it be for my case to prove how the affairs are being conducted.

PLS ADV N THNKS


Asked on 3/30/09, 10:10 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: societies registration act 1860

The mentioning or non-mentioning of 'vice-president' may not affect your case. However, it may be better to seek guidance from a local lawyer for conducting the court case.

Instead of going straight to the High Court, the dispute could possibly be referred to the Registrar at the initial stage for appropriate adjudication?

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Answered on 3/30/09, 10:19 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: societies registration act 1860

You may contact a local lawyer.

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Answered on 4/01/09, 6:17 am


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