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?


Asked on 6/19/07, 6:52 am

3 Answers from Attorneys

G. M. Gupta gmguptaandassociates

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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Answered on 6/20/07, 9:52 am
birendra dash dash associates

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

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Answered on 6/19/07, 7:08 am
Alok Sharma Alok Sharma & Associates

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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Answered on 6/19/07, 7:53 am


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