Supreme Court of India · 2009-05-05
HIDAYATKHAN BISMILLAKHAN PATHAN vs VAIJNATH .
- Citation / case number
- SC 2007/27539
- Court
- Supreme Court of India
- Petitioner
- HIDAYATKHAN BISMILLAKHAN PATHAN
- Respondent
- VAIJNATH .
- Author
- S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the validity of elections held under the Bombay Public Trust Act, 1950, specifically under Section 70-A, ruling that the elections conducted on 26th June 2001 were invalid due to non-compliance with the society's by-laws regarding notice issuance. The Court emphasized that the lower authority must ensure compliance with by-laws before approving changes, and found that the Joint Charity Commissioner's prior order lacked legal validity. The appeal was allowed, and costs were imposed on the first respondent for filing a false case.