In Brief
Shikshan Prasarak Mandal is a charitable society registered under the Societies Registration Act, 1860, and the Bombay Public Trusts Act. After the President died in 1998, a Working President managed the institution. In 2002, following written requests from 16 members, the Working President convened a general meeting for executive elections without notice to seven members who had defaulted on subscriptions for over three months. Those members objected, but a Change Report confirming the elections was filed. The Supreme Court held that the Working President validly exercised implied authority to convene the meeting under the doctrine of necessity, and that disqualified members in arrears need not be served notice, making their exclusion lawful and the elections valid.
The lawyer headnote and full judgment text are available to registered users.