Key Facts
- •Election for the Executive Committee of Masjid e Tauheedul Islam, a registered charity, took place between June and August 2024.
- •Applicants claim the election was unlawful due to breaches of the Charity's constitution.
- •The Charity's constitution, dating back to the 1980s, governs its operations.
- •The Applicants sought declaratory and injunctive relief.
- •The court found several breaches of the constitution.
- •Approximately 34% of members voted in the election.
Legal Principles
Test for grant of interim injunction (American Cyanamid Co v Ethicon Ltd [1975] AC 396)
American Cyanamid Co v Ethicon Ltd [1975] AC 396
Additional considerations when interim relief is dispositive (NWL Ltd v Woods [1979] 1 WLR 1294)
NWL Ltd v Woods [1979] 1 WLR 1294
Test for grant of declaratory relief (Financial Services Authority v Rourke [2002] CP Rep 14)
Financial Services Authority v Rourke [2002] CP Rep 14
Standing to bring proceedings (Charities Act 2011, section 115)
Charities Act 2011, section 115
Common law method of voting at meetings (Shackleton on the Law and Practice of Meetings)
Shackleton on the Law and Practice of Meetings, 16th ed.
Power to alter a charity's constitution (Charities Act 2011, section 280A)
Charities Act 2011, section 280A
Implied powers of a charity's executive committee
Case Law (implied from the judge's reasoning)
Outcomes
Granted partial relief sought by the Applicants.
The court found breaches of the Charity's constitution regarding the election process.
Declared the election unlawful and results invalid.
Breaches of Clauses 9, 12, and implied limitations on the Executive Committee's power to set eligibility criteria.
Ordered a re-run of the election in accordance with the constitution.
To regularize the Charity's management and ensure compliance with its governing document.
Rejected some injunctive relief regarding interim management.
Lack of sufficient information regarding the existing and purported new Executive Committees.
Stayed the Part 8 claim.
The granted relief is likely to be finally dispositive of the issues.