One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me regarding a dispute in his registered society governed by the State A Societies Act. Before the governing body elections, a General Body Meeting was held where majority members passed a resolution requiring attendance at previous general meetings as an eligibility criterion for contesting elections. Mr.X and several other members who couldn’t attend due to legitimate reasons like medical emergencies and work commitments were barred from contesting. The resolution was passed without proper notice to all members and without considering the society’s original bylaws. Mr.X questioned the legal validity of this retrospective eligibility criterion, arguing it violated natural justice principles and the society’s constitution. The matter escalated when the election committee refused to accept nominations from affected members, leading to a legal challenge regarding the ultra vires nature of such resolutions and their impact on democratic functioning of the society.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Review the society’s original memorandum and bylaws thoroughly to understand prescribed eligibility criteria. Document all communications and meeting notices received or not received. Gather evidence of legitimate reasons for absence from previous meetings. Challenge the resolution’s validity by filing appropriate applications before the registrar or competent authority.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and wrongful actions in official capacity. Section 189 of BNS covers false statements in official proceedings. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for complaint filing. Additionally, relevant provisions of the respective State Societies Act govern registration, management, and electoral procedures of registered societies. Constitutional provisions under Articles 19 and 21 also protect fundamental rights to association and due process in organizational matters.

If You Are the Complainant

• File a formal complaint with the Registrar of Societies citing violation of natural justice and ultra vires action
• Submit documentary evidence proving legitimate reasons for absence from previous meetings
• Request interim relief to stay the election process until the dispute is resolved
• Gather support from other affected members and file a collective representation
• Maintain detailed records of all proceedings and communications for future reference

If You Are the Victim

• Document your legitimate reasons for absence from previous meetings with supporting evidence
• Challenge the resolution by approaching the Registrar or filing a writ petition in High Court
• Seek interim relief to participate in elections pending final determination of the dispute
• Rally support from other members who believe in democratic principles and fair elections
• Consider filing complaints for breach of trust if office bearers acted malafidely

How the Police Behave in Such Cases

Police typically treat society election disputes as civil matters requiring resolution through appropriate forums like Registrar of Societies. They may register complaints only if criminal elements like fraud, forgery, or breach of trust are involved. Officers usually advise parties to approach the Registrar first. In cases involving intimidation or threats, police may intervene for maintaining law and order while directing parties to appropriate legal remedies.

FAQs People Normally Have

Can attendance be made mandatory for election eligibility? Only if originally provided in the society’s constitution and bylaws, not through retrospective resolutions.

What if I had valid reasons for absence? Legitimate reasons like medical emergencies typically cannot be used to disqualify members from elections.

Can the resolution be challenged? Yes, such ultra vires resolutions can be challenged before the Registrar or through judicial review.

Is proper notice required for such resolutions? Absolutely, all members must receive adequate notice before any resolution affecting their rights.

What Evidence Is Required?

• Original memorandum and bylaws of the society
• Minutes of the GBM where the controversial resolution was passed
• Evidence of notice or lack thereof for the meeting
• Medical certificates or official documents proving legitimate absence reasons
• Correspondence with society officials regarding the matter
• List of affected members and their circumstances
• Previous election procedures and eligibility criteria followed

How Long Will the Investigation Take?

Society disputes typically take 3-6 months for resolution through the Registrar of Societies. High Court matters may extend to 6-12 months depending on complexity. Emergency applications for interim relief can be decided within 2-4 weeks. The timeline largely depends on the cooperation of parties and the completeness of documentation submitted to the authorities.

Advocate Sudhir Rao, Supreme Court of India