Bye-Laws Prevail Over Practice: P&H High Court Restricts Society’s Governing Body to 5 Members, Quashes Contrary Administrative Orders
Case Name: Commander Suresh Kumar and Others v. State of Haryana and Others
Date of Judgment: 21.04.2026
Citation: CWP-11606-2026
Bench: Hon’ble Mr. Justice Jagmohan Bansal
Held: The High Court held that bye-laws of a society are binding and cannot be overridden by past practice, and any action contrary to duly framed bye-laws is legally unsustainable.
Summary: The petitioners, office-bearers of a Residents Welfare Association, challenged orders passed by authorities under the Haryana Registration and Regulation of Societies Act, 2012, which upheld a governing body comprising 11 members, contrary to the society’s bye-laws.
As per the bye-laws, the Board of Managers was to consist of only 5 members. However, the authorities relied on past practice of appointing 11 members and dismissed the petitioners’ objections, holding that their petition was not maintainable.
The High Court examined the statutory framework, particularly Sections 25 and 33 of the 2012 Act and Rule 15 of the 2012 Rules, and observed that while societies may structure their governing bodies within the permissible range of 3 to 21 members, the specific composition once fixed in the bye-laws is binding.
It was held that the authorities erred in relying on past practice instead of enforcing the express provisions of the bye-laws. The Court emphasized that practice cannot override statutory or governing provisions and that societies must function strictly in accordance with their bye-laws.
The Court further held that the petitioners, being office-bearers recognized under the bye-laws, constituted a valid majority for the purpose of invoking statutory remedies, and the contrary view taken by authorities was erroneous.
Decision: The High Court disposed of the petition by holding that the society’s governing body must conform to its bye-laws limiting membership to 5 members. It set aside the contrary findings of the authorities and clarified that any deviation from bye-laws is impermissible in law.