Yes, members can be removed from a society in India, but only by following due process as laid down in the Societies Registration Act and the society’s own bye-laws. The removal must be lawful, fair, and well-documented.

Legal Basis for Removal

• The power to remove a member comes from the bye-laws or constitution of the society.
• It must be exercised in accordance with the principles of natural justice and transparency.
• The Registrar of Societies can intervene if the removal is challenged or found unlawful.

Grounds for Removal

• Non-payment of membership fees or dues for a specified period
• Violation of bye-laws or code of conduct
• Engagement in activities against the interest or objectives of the society
• Criminal conviction or unethical behavior
• Absence from meetings for a prolonged period without valid reasons
• Misuse of society funds or property

Procedure for Removal

• A show cause notice must be served to the concerned member detailing the charges
• The member must be given an opportunity to reply or present a defense
• The Managing Committee or General Body must pass a resolution for removal, often by a two-thirds or majority vote
• The decision and reasons must be recorded in the minutes
• The member must be informed in writing about the removal decision

Appeal and Dispute Resolution

• The removed member may appeal within the society as per its bye-laws
• If unresolved, the member may approach the Registrar of Societies or civil court
• The Registrar may reinstate the member if due process is not followed or if the removal is arbitrary

Important Considerations

• No member should be removed without proper justification and adherence to procedure
• Arbitrary removal can lead to legal challenges and damage to the society’s reputation
• Proper documentation and fair hearing protect the society’s action from being overturned

Conclusion

Yes, members can be removed from a society, but only for valid reasons, and through a formal, fair, and well-documented process as per the bye-laws and relevant state laws.