The S.D.O. acted without authority by ordering the opening of the Chairman's office without due process, and the election prior to the previous committee's term expiration was invalid.

JUDGMENT :

Deepak Roshan, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner assailing the order passed by the 6th Respondent, as contained in letter dated 07.05.2022 (Annexure-8), which has been passed in furtherance to an application filed by the 8th Respondent; whereby a direction was issued to break/open the lock of the office of the Chairman of the Ayyappa School situated at Sector-5 Bokaro.

Further prayer has been made to reinstate Dr. Avinash V Unnithan and other elected person in the office of the Chairman of the said school.

3. The brief facts of the case as it appears from the pleadings is that the petitioner is a registered society under the Societies Registration Act, 1860, which has been established to promote social, religious, literary, educational, and cultural activities in Bokaro and beyond. It operates as per its memorandum and rules with no involvement of the District Administration. The society runs as per the registered bye-laws (Annexure-2) which provide that a governing body is to be elected in terms of Rule 7 read with Rule 8.

Further fact reveals that the previous Ayyappa Seva Sangham committee (2019-21), elected on 29.09.2019, was illegally occupying the office even after completion of the elected period.This led to filing of a suit by the petitioner (not the society but the alleged president i.e. Dr. Avinash V. Unnithan), which was registered as O.S. 37/2022 before the Court of Civil Judge (Jr. Division) at Bokaro.Vide order dated 14.3.2022, an ad interim injunction was passed as against the defendants in the said suit.

As per the averment made in para 8 of the writ application, in pursuant to the notices which were issued in the said suit, the defendants appeared and agreed for election.

It has further been stated in the writ application that in furtherance to an agreement, the present petitioner (Dr. Avinash v Unnithan) was elected as the Chairman/President on 24.4.2022 by the executive Committee of the Sree Ayyappa Public School/Ayyappa Seva Sangham. The result of the election was also communicated to the state authorities (annexure 4 series). It has also been stated in the writ application that after assuming charge, the new committee discovered large-scale embezzlement and found misappropriation by the outgoing members, as reflected in the Internal Audit Report.

5. Mr. Ajit Kumar, learned senior counsel, who was earlier appearing on behalf of the petitioner, on the very 1st date of hearing, has argued before this Court w.r.t. the powers of the S.D.O. to issue the impugned order that too without providing any opportunity of hearing to the petitioner i.e., Dr. Avinash V.Unnithan and other alleged elected members.

During midst of the proceedings, Dr. Avinash V. Unnithan - the petitioner in person started conducting the case and contended that the Ayyappa Seva Sangham, registered on 21.01.2011 under the Societies Registration Act, 1860 (Serial No. 1161, Govt. of Jharkhand, 2010-11), manages Sree Ayyappa Mandir and Sree Ayyappa Public School in Bokaro Steel City.

He further submits that merely on making application by 8th Respondent on 28.04.2022, the Deputy Commissioner directed the S.D.O. vide order dated 04.05.2022, to take action in terms of law and in view of the said direction of the Deputy Commissioner, the S.D.O. called for report and on the next day i.e. on 06.05.2022, vide memo no. 412/2022, the Officer-in- Charge of the concerned police station had register