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Supreme Court of India 2021-02-10 partly_allowed

Swati Ulhas Kerkar and Ors vs Sanjay Walavalkar and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

The Supreme Court examined whether a Managing Committee facing a no-confidence motion could validly admit 22 new members to a society registered under the Societies Registration Act, 1860. While upholding that the decision to admit members was illegal because it occurred while the Committee faced a no-confidence requisition, the Court held that the appellants—being otherwise eligible—should not be permanently deprived of membership. The Court clarified that their applications should be treated as pending and reconsidered by the newly constituted Managing Committee on merit. Though the appeal partly succeeded, the appellants remain applicants, not members, and cannot claim rights attached to membership."

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