Associational equality cannot be overridden by majority resolution where the founding constitution requires equal treatment among mutts.

A majority of members of a trust-based or charitable association cannot, by resolution, alter the association's foundational equality or give preferential status to one mutt where the objects and constitution require equal treatment. A resolution that changes the essential basis of the Sabha and elevates one mutt above the others is beyond majority power and therefore ultra vires. The Court also accepted that a suit under Section 92 CPC was maintainable on the preliminary issue. The practical effect is that no distinction could be made between the mutts in the distribution of thirtham or other honours, or in conferring priority on any one mutt.

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Issues: Whether a majority of members of the Sabha could validly pass a resolution giving precedence to one mutt and its guru in the distribution of thirtham and other honours, and whether such a resolution was binding as a matter of internal management.

Analysis: The association was founded and supported on the basis of equality among the several mutts, and its objects and constitution did not permit one mutt to be elevated above the others. A majority could regulate matters of internal administration, but it could not alter the fundamental basis on which the Sabha existed or destroy the equality that formed the bond of union. A resolution conferring priority on one mutt would amount to a fundamental departure from the association's essential purpose and would therefore be beyond the power of the majority. The Court also accepted the preliminary maintainability of the suit under Section 92 of the Code of Civil Procedure, 1908.

Conclusion: The resolution was invalid and ultra vires, and the plaintiffs were entitled to a declaration that no distinction could be made between the mutts in the matter of thirtham or other honours or in giving priority to any one mutt.

Ratio Decidendi: A majority of members of a charitable or trust-based association cannot, by resolution, alter or override the fundamental objects and constitutive equality on which the association is founded unless such power is expressly reserved.

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