Legal Question in Civil Litigation in India
powers of de facto governing council
Can a de facto governing council of a Public Trust (i.e. a governing council whose term of office has expired) take major policy decisions such as admitting new members (voters) just before elections to the new governing council are held?
3 Answers from Attorneys
Re: powers of de facto governing council
it depends on case to case but generally it is not allowed.
you can seek injunction against the elections and the council.
you need to complaint to registrar also.
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Re: powers of de facto governing council
Hi,
Defacto governing council has no right to take any major decisions like enrolling new members in the Trust.It is not admissible in the eye of law.It can be challanged in the proper court of law.For immediate step you can file a injuction suit for restraining the defacto governing council not to do any mischiveous act.
THANKS
Re: powers of de facto governing council
The answer to your querry is big NO. you can seek an injunction from a civil court. However, reference must be made to rules and bye laws of the trust.
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