JUDGMENT :

1. As the facts and the questions of law involved in all these petitions being similar, they are decided by this common order.

2. The lead petition is WPC No. 1721 of 2020 filed by Modern Medical Institute Society Lalpur and Suresh Goyal. The challenge in this petition is to the order dated 21.07.2020 passed by the Chhattisgarh State Commerce and Industries Department whereby an appeal preferred by respondent No.3 Harak Jain, one of the members of the Society was allowed u/s 40 of the C.G. Societies Registration Act, 1973 (hereinafter referred to as “the Act of 1973”). The different round of litigation which initially started in the year 2007 eventually culminated by the impugned order.

3. The facts giving rise to the present cases are that the Modern Medical Institute Society was registered under the Chhattisgarh Societies Registration Act, 1973. The Society initially comprised of 11 founder members and was constituted with an object of providing medical treatment of super-specialty to the people of the region. With passage of time, two founder-members resigned thereby 9 members remained to continue and during such period several members were admitted to the membership. In the year 2007, one of the founder-member made a complaint that except the 11 founding members, the other members who were admitted to the membership are not valid members and they were admitted contrary to the bye-laws of the Society. On such complaint, the Registrar Firms and Societies, Chhattisgarh, in exercise of power under section 32 of the Act ordered for an enquiry. Thereafter, on the basis of enquiry report in the year 2011 itself, explanation was sought for, from the Society. The reply was submitted by the Society wherein it was contended by the Society that the members who were admitted to the membership of the society contributed huge donations and thereafter accepting the donation during the period from 1989 to 2000, they were made members and further contended that the documents relating to receipts and other applications were not in the possession of the newly added members and were in possession of complainant(s) themselves they being were at the helm of affairs of Society. In support of the proof of acceptance of membership, the list of members sent to Registrar every year by the complainant was relied upon.

4. The Registrar then on such explanation passed an order holding that tenure of elected body of society has expired and directed to hold the election within 45 days among the valid members of the Society. Further it is also observed that the Society is competent to adjudicate the validity of its members as the power is vested with the executive body to accept any person with membership, however, since the period of elected body expired, as such, fresh election was ordered. The society though initially filed an appeal against such direction before the appellate authority, however, subsequently agreed to comply with the order of the Registrar. Thereafter, on 18.11.2007 convened a general body meeting and held that all the members who were admitted were valid members and the amendment in the bye-laws of the Society was carried out. The said outcome of the general body meeting was informed to the Registrar, Firms and Societies, which was accepted by the Registrar on 26.11.2007 and the amendment too was also registered and recognized.

5. Being aggrieved by such decision of the Registrar, one of the founding-member Dr. Harak Jain (respondent no.3 herein), filed an appeal u/s 40 of the Act before the State Government. Initially the said appeal was dismissed by the State Government on 03.10.2008, which was subject of challenge in W.P.No.6292 of 2008 and the High Court vide its order passed in 2013 remanded the case to the State Government to decide the appeal afresh. Against that order, the writ appeal bearing W.A. No.264/2013 was preferred which was eventually decided on 28.03.2019 whereby the appeal was dismissed with the following obse