Sandhu v Singh & Ors (No. 2)
Due to deadlock, incapacity, and violation of the Constitution by both the 2013-2015 and 2015 Management Committees and the board of five Singhs, the Trustees must take over administration and refer the election process to the Charity Commission for guidance to establish a current board and Management Committee.
- Parties
- Part 20 Claimant: Sukhbinder Singh Sandhu; Part 20 Claimant: Surjit Singh Mattu; Part 20 Claimant: Ajit Singh Brainch; Part 20 Defendant: Tarsem Singh; Part 20 Defendant: Manjit Singh Boparai; Part 20 Defendant: The Charity Commission; Part 20 Defendant: Her Majesty’s Attorney General
- Jurisdiction
- England and Wales
- Judgment Date
- 16 April 2018
- Procedural Posture
- Civil / Post Judgment Hearing for Final Orders
- Outcome
- Trustees to take over administration and management of GNG; election process referred to Charity Commission for guidance.
- Legal Topics
- Election of Charity Officers, Trustee Administration, Internal Disputes, Judicial Supervision, Charity Commission Guidance
Case Brief
Summary, issues, holding and outcome
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Parties
Sukhbinder Singh Sandhu
Part 20 Claimant
Surjit Singh Mattu
Part 20 Claimant
Ajit Singh Brainch
Part 20 Claimant
Tarsem Singh
Part 20 Defendant
Manjit Singh Boparai
Part 20 Defendant
The Charity Commission
Part 20 Defendant
Her Majesty’s Attorney General
Part 20 Defendant
Procedural Posture
Civil / Post Judgment Hearing for Final Orders
Legal Issues
- 1 What should happen following the invalid election of the Management Committee and the board of five Singhs in May 2015?
- 2 Should the Trustees take over administration and refer the election process to the Charity Commission for guidance?
Ratio Decidendi
Due to deadlock, incapacity, and violation of the Constitution by both the 2013-2015 and 2015 Management Committees and the board of five Singhs, the Trustees must take over administration and refer the election process to the Charity Commission for guidance to establish a current board and Management Committee.
Court Disposition
Trustees to take over administration and management of GNG; election process referred to Charity Commission for guidance.
Orders
- Trustees to take over administration and management of GNG pending completion of election processes.
- Matter of appropriate processes to elect current board of five Singhs and Management Committee to be referred to Charity Commission for guidance or order.
Full Case Text
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