The judgment establishes that a dispute relating to the election of a society, even if it performs public functions, may not be maintainable in a writ court if the society is not a 'State' or an 'other authority' and is governed by its MoA.

JUDGMENT :

[Purushaindra Kumar Kaurav, J.]

1. The present petition has been filed under Article 226 of the Constitution of India seeking directions against respondent No. 2- Registrar under the Societies Registrar Act, 1860 (hereinafter referred to as ‘Act of 1860’) to act on the complaint of the petitioner dated 03.03.2023 and to ensure physical voting either by way of raise of hands or by way of ballot.

2. Shri Abhishek Singh, learned counsel appearing on behalf of the petitioner submits that respondent No. 1-Society is incorporated under the provisions of the Act of 1860 and the certificate of registration has been granted by respondent No. 2 while approving the Memorandum of Association (in short ‘MoA’). On 15.03.2021, the petitioner, who is one of the Members of the respondent No. 1-Society made a complaint to the Registrar to look into the alleged irregularities and to conduct a valid and proper election of respondent No. 1-Society. He submits that respondent No. 2-Registrar conducted proceedings and found that there is a dispute in the Society and accordingly it referred the parties to avail the remedies in accordance with Section 13 of the Act of 1860. He further submits that on 03.03.2023 the petitioner again made a complaint to the respondent No. 2-Registrar pointing out the sham process of holding fake elections is being conducted by the present incumbent, i.e., one Munish Gupta, who is holding the post of President. According to him, there is a gross violation of bye-laws and the constitution of the Society. He, therefore, submits that appropriate directions are required to be issued to ensure that physical voting either by way of raise of hands or by way of ballot, as contemplated under Clause 8 of the MoA, during the Annual General Meeting to be held on 27.03.2023 under the supervision of respondent No. 2-Registrar is conducted. According to him, the aforesaid directions are necessary to restore the democratic process inside the Club i.e., respondent No. 1-Society.

3. This court on the last date of hearing, called upon the learned counsel for the petitioner to satisfy this court as to how a dispute emanating from the bye-laws of a Society can be gone into in a summary jurisdiction of a writ court.

4. Learned counsel appearing on behalf of the petitioner placed reliance on the decision of the Hon’ble Supreme Court in the case of Jatya Pal Singh v. Union of India and Others, (2013) 6 SCC 452 and submits that the writ court in exercise of power under Article 226 of the Constitution of India can very well look into the aspects of a Society, which may strictly not be a 'State' but is discharging public function. According to the learned counsel, if the bye-laws of respondent No. 1-Society are perused, the same would indicate that respondent No. 1-Society is performing public functions. He has taken this court through bye law No. 3(ii) of the MoA to indicate that the respondent No. 1-Society provides a forum for discussion of various matters of professional concern which might affect its members, to establish at a fixed premises a club for their use, and international forum for establishing links of mutual benefits with members of other professions, governmental people foreign diplomats and others who might be invited from time to time to become associate members of the Society in accordance with the provisions therein. For the sake of clarity, bye-law No. 3 in its entirety is reproduced as under:-

“3) The aims and objects for which the society is established are:

i. To provide information and other facilities to accredited correspondents of the foreign press and radio broadcasters photographers of foreign publications news picture agencies and broadcasting companies who are assigned temporarily or permanently in South Asia whether of Indian or any other nationality who supply information and material to media organisations based around the various countries of the world (hereinafter referred to as the “Foreign Corres