An attempt to remove the president of a global Hindu sect’s controlling powers over its UK charitable arm has been blocked by a court.
After the death of spiritual leader Hariprasad Swami in 2021, the identity of his rightful heir as leader of the Yogi Divine Society, headquartered in India, has been in dispute.
Two camps within the sect formed – supporting the respective claims of Hindu monks Prem Swami and Prabodh Swami.
This dispute manifested in a fight for control of Yogi Divine Society UK, registered as a charity in 1990, which led to a High Court decision on Wednesday.
Trustees of the UK charity supporting Prabodh had decided to remove the controlling role of Prem, the society’s India-based president, in November 2021.
However, Justice Gleeson ruled that Prabodh-supporting trustees “connived in a scheme to mislead” those who backed Prem.
“It is clear beyond doubt that this was not in accordance with the constitution of the charity, or indeed with the duties that they owed as trustees of a charity,” Gleeson stated.
Gleeson added that proposed amendments to the UK charity’s 2013 constitution, which would have removed Prem’s authority there, were invalid and should be disregarded.
The amendments approved at the 2021 meeting never took effect, the judge clarified.
President retains veto powers
Gleeson found that, as president of Yogi Divine Society India, Prem had become “Member A” of the UK charity under its 2013 constitution.
As Member A, Prem should have been told about the 2021 meeting between Prabodh-supporting trustees to remove his controlling power, the court heard.
The court accepted a 2018 letter informing UK trustees that Hariprasad, who was suffering from Alzheimer’s disease among other conditions, had resigned and would be replaced by Prem.
Hariprasad remained spiritual leader “for some years” after his resignation.
Prabodh-supporting trustees were found to have breached their fiduciary duties by misrepresenting the purpose of the 2021 meeting.
They had made out that it was solely about converting Yogi Divine Society UK into a charitable incorporated organisation, the court heard, when it actually concerned Prem’s removal.
The judgment restored the position under the 2013 constitution to recognise Prem as Member A, thus able to exercise veto rights and appointment powers at the charity.
‘Their coup has failed’
“I think that the defendants believed that the majority of YDS UK supported Prabodh Swami, and that an acceptance of Prem Swami as the de facto head of Yogi Divine Society UK would create considerable disruption to the affairs of the charity,” Gleeson said.
“This led them to conclude that if the supporters of Prem Swami could be squeezed out of the charity, it could continue its work without disruption. This was not, of itself, an ignoble aim.
“However, in their enthusiasm to achieve it, they overstepped the requirements of good faith and transparency which apply to trustees generally, and trustees of charities in particular.
“One way of looking at the outcome of their actions is that their coup has failed. However, another would be that both sides have proved their devotion to their respective Swamis.”
In the year to 31 July 2025, the charity had a total income of £679,000 and an expenditure of £959,000.
It has been late in filing its accounts in four of the last five years, according to its Charity Commission listing.
