In Brief
Operation Asha, a registered charitable NGO providing health services, was sued under Section 92 CPC by two members alleging that officials diverted donor funds for personal benefit. The core issue was whether a registered society can be subject to a constructive trust. The Supreme Court held that while registered societies are not express trusts, they can be subject to constructive trusts when officials unlawfully siphon public donations. The Court upheld leave to sue, ruling that the society's governing body holds fiduciary duties to beneficiaries regardless of legal form, and that allegations of financial impropriety prima facie warranted court intervention under Section 92, though personal reliefs (like reinstatement) must be pursued separately.
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