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2003 DIGILAW 105 (MP)

Radheshyam Ladha v. State of M. P.

2003-01-17

A.M.SAPRE

body2003
Judgment ( 1. ) 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.