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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, S. Ravindra Bhat

In Brief

Prabodhan Education Society invalidated the membership of 22 newly inducted persons when a Managing Committee facing a no-confidence motion by majority members hastened to admit them before a mandated Special General Body Meeting could convene. The High Court upheld the invalidation as illegal. The Supreme Court partly allowed the appeal, confirming that the induction decision was vitiated by the pending no-confidence motion and constituted colorable exercise of power. However, the Court held that the applicants themselves were not found ineligible and their applications should be treated as pending for reconsideration by the newly constituted Managing Committee on individual merits, rather than permanently rejected. The appeal was partly allowed to this limited extent."

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