The court clarified that the Bye-Laws of the Society are not statutory in nature and the dispute with respect to the election of a society per se is not directly decided by the High Court under Article 226 of the Constitution of India.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--The petitioners, vide the instant petition under Article 226 of the Constitution of India pray for the following reliefs:

"a. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ, declaring the effect of the word `WILL. found in the Article VIII of the bylaws of the society which mandated the linking of the contestants for the offices of Honorary General Secretary/Treasurer as ultra vires the Memorandum and Rules and Regulations of AIOS particularly Rule-16(B) and/or;

b. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ quashing the Notification dated 11th November, 2022, the subsequent finalized list of contestants dated 11th January, 2023 and the Notification dated 15th March,2023 announcing the dates of polling for the General Elections 2023 issued by the Respondents as illegal, arbitrary and ultra-vires the Rule-16(B) and other provisions of the constitution of Respondent AIOS and/or the objects of the Respondent Society AIOS and/or the Article-14, 19 of the Constitution of India and/or;

c. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ, to direct the Respondents to dissolve the current Election Commission and appoint neutral administrators and direct them to reconstitute a new neutral and unbiased Election commission with instructions to it for accommodating the eligible candidates who contest for the posts of Secretary and Treasurer individually and independently and/or;

d. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ, to suspend the current respondents & appoint neutral administrators such as retired judges or retired IAS officers for interim management of the society till external audit is completed and action taken report is submitted to the court & to direct the court appointed administrators to form various committees to organize and supervise the welfare measures of the members, to appoint neutral external auditor to inspect into the accounts of the society and submit the detailed reports including the balance sheet/trial balance and books of accounts before the annual general body meeting and to direct the court appointed administrators to conduct elections in a free, fair, transparent and honest manner with all safeguards and implementation of model code of conduct for candidates and past and present office bearers after completion of the external audit and submission of the action taken report to the court."

2. The facts of the instant case would show that respondent no.1-The All India Ophthalmological Society (hereinafter referred to as `the Society') is a Society established under the Societies Registration Act, 1860 (hereinafter referred to as the `Act of 1860').

3. The petitioners claim to be the members of respondent no.1-Society. The administration of the Society including the election process is governed by the, (i) Memorandum of the Society, (ii) Rules and Regulations and (iii) Bye-Laws; applicable to it. The petitioners are aggrieved by the election notification dated 11.11.2022, subsequent notifications dated 11.01.2023 and 15.03.2023 for the General Elections, 2023 of office bearers. According to the petitioners, the elections being held, are contrary to the applicable Memorandum and Rules and Regulations of the Society. The petitioners submit that under Article VIII of the Bye-Laws of the Society, the word `WILL' should be declared as ultra-vires to the Memorandum and applicable Rules and Regulations of the Society. In particular, the petitioners seek to challenge the validity of Article VIII (i) of the applicable Bye-Laws as the mandated linking through the use of the word `will' is violative of Rule-16(B) of the Rules and Regulations of the respondent no.1-Society. It is submitted that in case of any inconsistency between the Bye-Laws and the Rules and Regul