Elections of the gurudwara registered with charitable trust

tejinder sethi (Querist) 23 April 2025 This query is : Resolved
Our Gurudwara is registerd with charitable trust. As per the byle laws, election of the Managing Committee is conducted once in 3 years. The election was due on 31st March 2025. As per the byelaws there would be 21 elected members to the Managing Committee. However at the last AGM held on 22nd Sept 2024 it was approved to reduce the committee members from 21 to 15. But the President is not following this reduction of members from 21 to 15. As such the election of the new 15 nominated menmbers have gone on hold. The reason provided is that the amended bye laws from time to time has not been updated and sent to the Charitable Commisssioner office and hence he is of the opinion all the changes required in the bye laws should be updated and sent to Charitable Commisssioner office. Until then the previous 21 Managaing Committee members should continue.

Please advise.

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Quick Summary

A Gurudwara registered as a charitable trust is facing issues with its upcoming Managing Committee elections. While the bye-laws previously stipulated 21 members, a recent AGM approved reducing this to 15. However, the President is delaying the election, insisting that amended bye-laws must be officially registered with the Charitable Commissioner's office first. This advice clarifies that amendments require approval by the committee and then ratification by a majority at the AGM, followed by registration with the Charity Commissioner to be legally binding.

kavksatyanarayana (Expert) 23 April 2025
Yes. The amendment shall be filed before the Commissioner's Office within 21 days from the date of approval by the Managing Committee. Again, conduct the AGM and send it to the Charity Commissioner after approval by the AGM.

T. Kalaiselvan, Advocate (Expert) 23 April 2025
To reduce the size of a religious trust's management committee, the trust deed, governing body, or a specific resolution passed by the committee itself can be used to amend membership limits. The specific process depends on the trust's rules and the applicable laws, but typically involves a vote of the existing committee or a meeting convened to address the issue. .
The primary document governing the trust is the trust deed, which should specify the process for amending its provisions, including membership limits. If the trust also has specific by-laws or rules, these should also be reviewed.
Depending on the trust's structure, a general meeting of members may be required to discuss and vote on the proposed change.
A resolution outlining the proposed changes to membership limits can be drafted and circulated for consideration.
A resolution outlining the proposal would be drafted and circulated to all members. If the required majority (e.g., two-thirds) votes in favor, the trust deed or by-laws would be amended to reflect the new limit. The changes would then be communicated to members and implemented, ensuring that the new committee is properly established.

Sudhir Kumar, Advocate (Expert) 25 April 2025
amendment will not be valid or binding unless registered by the Charity Commissioner.

Dr. J C Vashista (Expert) 27 April 2025
The resolution qua reduction in strength of parbandhak committee / Managing Committee passed by parbandhak committee / Managing Committee shall have to be retified, approved and adopted by majority of members present in AGM of the Gurudwara for amendment in its (Trust) Bye-Laws / MoU / AoU.

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