Case Note & Summary
The appellant, Ramswaroop Sunderlal Goyal, was a life member of the respondent, North India Association, a society registered under the Societies Registration Act. By a letter dated 9th September 2010, the managing committee of the society removed the appellant from his life membership. The appellant filed a civil suit seeking a declaration that the removal was illegal and an injunction restraining the society from giving effect to the expulsion. The trial court dismissed the suit, holding that the society had the power to expel members under its bye-laws. The appellant appealed to the High Court. The High Court allowed the appeal, holding that the managing committee's action was in violation of principles of natural justice and the bye-laws of the society. The court noted that the appellant was not given an opportunity of hearing before the expulsion and that the procedure prescribed in the bye-laws was not followed. The court set aside the trial court's judgment and decreed the suit, granting a permanent injunction restraining the society from expelling the appellant without following due process.
Headnote
A) Societies Registration Act - Expulsion of Member - Natural Justice - Managing committee's power to remove a life member - The managing committee of a society registered under the Societies Registration Act, 1860, cannot expel a member without following the procedure prescribed in the bye-laws and without giving an opportunity of hearing. The court held that the expulsion order was invalid as it violated principles of natural justice and the bye-laws of the society. (Paras 1-10) B) Civil Procedure Code - Injunction - Suit for declaration and injunction - A civil suit challenging expulsion from a society is maintainable. The court held that the plaintiff had a prima facie case and the balance of convenience was in his favor, and granted an injunction restraining the society from giving effect to the expulsion order. (Paras 1-10) C) Societies Registration Act - Bye-laws - Interpretation - The bye-laws of a society must be strictly construed. The court held that the managing committee's action was ultra vires the bye-laws as it did not follow the prescribed procedure for expulsion. (Paras 1-10)
Issue of Consideration
Whether the managing committee of a registered society can expel a life member without affording him an opportunity of hearing and without following the procedure prescribed in the bye-laws.
Final Decision
Appeal allowed. Judgment and decree of trial court set aside. Suit decreed with permanent injunction restraining the respondent society from expelling the appellant without following due process and principles of natural justice.
Law Points
- Natural justice
- Right of hearing
- Expulsion from society membership
- Societies Registration Act
- 1860
- Bye-laws interpretation
- Life membership
- Managing committee powers
- Civil suit maintainability
- Injunction against expulsion
- Procedural fairness
