Can a new applicant to become a member of a society (not a member yet) - file a writ petition before High Court - asking the Court to restrict the powers of Management Committee of the Society - to decide on his membership?
Salih (MD) 29 August 2009
Can a new applicant to become a member of a society (not a member yet) - file a writ petition before High Court - asking the Court to restrict the powers of Management Committee of the Society - to decide on his membership?
A writ petition is not maintainble against a society. If the society is wholly or substantially funded by the Government a writ may be maintable. In any case the powers vested in the managing committee by a statute cannot be curtailed by the Court unless it is shown that the managing committee is exercising the power arbitrarily or illegally.
Ayub S. Pathan (Legal Adviser) 21 July 2010
Mr. Salih,
Writ petition lies against state as defined under Constitution of India, Article 12 gives
The defination of State. society unless under control of the govt. or unless entrusted with affairs of
the state is not a subject of Writ.
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