Sabha & Ors v Rai & Ors

Sabha & Ors v Rai & Ors

The addendum did not breach the constitution; there was no requirement for belief in the Sri Guru Granth Sahib in clause 2(a). The judge correctly interpreted the constitution and notice contextually and objectively. Trustees did not breach clause 8(d) and costs orders were within judicial discretion, except that permission to appeal was granted on the indemnity costs order against the appellants.

Parties
Claimant: Shri Guru Ravidass Sabha, Southall Rai & Others; Defendant: Ahir & Others
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From High Court Orders
Outcome
Application for permission to appeal dismissed except for permission granted on indemnity costs order in favour of trustees.
Legal Topics
Interpretation of Constitution, Trustee Duties, Costs Orders, Religious Association Governance
Charity Law Constitutional Law Interpretation of Constitution Trustee Duties Costs Orders Religious Association Governance

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Parties

Shri Guru Ravidass Sabha, Southall Rai & Others

Claimant

Ahir & Others

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From High Court Orders

Legal Issues

  1. 1 Whether the addendum to the election notice breached the constitution of Shri Guru Ravidass Sabha, Southall
  2. 2 Whether the notice contravened the practice and custom of the Sabha
  3. 3 Whether the notice prevented election of the Executive Committee in accordance with the constitution

Ratio Decidendi

The addendum did not breach the constitution; there was no requirement for belief in the Sri Guru Granth Sahib in clause 2(a). The judge correctly interpreted the constitution and notice contextually and objectively. Trustees did not breach clause 8(d) and costs orders were within judicial discretion, except that permission to appeal was granted on the indemnity costs order against the appellants.

Court Disposition

Application for permission to appeal dismissed except for permission granted on indemnity costs order in favour of trustees.

Orders

  • Time for payment of £75,000 by Executive Council extended for 8 weeks with liberty to apply.
  • Stay of execution on payment in favour of trustees pending appeal; trustees may apply to vary order if able to identify amounts due on standard and indemnity basis.