Can members be sued for unlawful resolution in association?
If a resolution that violates a statute is adopted by the General Body of an unregistered association, can the General Body members who voted for such a resolution be sued?
A resolution that is passed in contravention of a statute is void ab initio. Since the association in the instant case is unregistered, the members, irrespective of whether they voted for the resolution or not, can be held individually liable if the resolution causes any civil consequences.
If a general body of an unregistered association passes a resolution that violates the law, it holds no legal value. Members who knowingly support such a resolution may be held liable if it causes harm or legal breach. Primarily, office bearers can be held accountable. Legal action depends on intent, impact, and applicable statutory provisions. For further legal assistance contact us on our helpline number.
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