Sandhu v Singh & Ors (No. 2)

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

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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

  1. 1 What should happen following the invalid election of the Management Committee and the board of five Singhs in May 2015?
  2. 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.