High CourtsSingle Bench(2003) 01 MP CK 0095

Radheshyam Ladha vs State of M.P. and Others

Madhya Pradesh High Court · Decided on 17 January 2003 · Citation: (2003) 2 MPHT 442

HON’BLE JUDGES
A.M. Sapre, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 38 of 2003

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Judgment

5 paragraphs · 230 words

A.M. Sapre, J.—Having heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in the writ and hence it merits dismissal in limine.

2.

What is sought to be challenged in the writ is one resolution dated 8-5-2001 (Annexure P-5) passed by the Society of which the petitioner is a share-holder. He says that such resolution ought not to have been passed and if passed the same deserves to be quashed,

3.

No writ lies to challenge the resolution passed by a society at the instance of one shareholder. It does not involve any statutory infraction or violation of fundamental right. Every Society has a right to pass a resolution and act on it. If any member of such society feels that resolution suffers from some defect he must resort to a remedy available in law and under the Act in which the society is formed. Writ Court is not the forum to examine the legality of the alleged resolution passed.

4.

Even otherwise perusal of resolution shows no infirmity in it. A decision is taken to merge the Society in M.P.E.B. It is a decision taken for the benefit of Society due to several irregularities and problems faced in running the society. No flaw can be noticed in the impugned decision.

5.

Petition thus fails and is dismissed in limine.