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2025 Supreme(Jhk) 2066
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Academic Quest through the Secretary – Jitendra Kumar Singh, S/o Late Ram Dhani Singh - Petitioner
Versus
The State of Jharkhand – Respondent
W.P.(C) No. 6620 of 2024
Decided On : 25-03-2025
Advocate Appeared:
For the Petitioner:Mr. Ajit Kumar, Sr. Advocate, Mr. Mahavir Prasad Sinha, Adv., Mr. Santosh Kumar Jha, Advocate
For the Respondent:Mr. Mohan Kumar Dubey, AC to AG, Mr. Krishna Shankar, Advocate
The registration changes of a society must adhere to its bylaws, and election disputes should be resolved by civil courts, not administrative authorities.
Headnote:(A) Societies Registration Act, 1860 - Sections 13 and 23 - Writ petition seeking quashing of order allowing new executive body of Society established without valid election and in violation of by-laws - Inspector General’s inquiry failed to cancel the fraudulent amendment certificate. (Paras 1, 20, 21)
(B) Legal authority - The Inspector General may examine complaints regarding discrepancies in registered society’s governance and direct compliance with conditions of registration. (Paras 12, 18)
Facts of the case:
The petitioner-Society originally registered in 1973 claims that a new executive body was illegally constituted in violation of its by-laws. The order impugned failed to address these concerns adequately. (Paras 1, 2)
Findings of Court:
The court upheld the inquiry process but dismissed the petition as the Inspector General properly directed statutory compliance, allowing the election dispute to be filed in civil court. (Paras 21, 24)
Issues: Whether the respondent no. 3 had the authority to endorse the illegality surrounding the new executive body and the legitimacy of the assembly. (Paras 11, 23)
Ratio Decidendi: The court ruled that the registration of a society can only be altered per the by-laws and statutory provisions, affirming the necessity for regular elections and statutory compliance. (Paras 23, 24)
Result: Writ petition dismissed; matter regarding election dispute referred to civil court.
| Table of Content |
|---|
| 1. dispute over executive body election and membership. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding legality of respondent's actions. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis on election dispute jurisdiction. (Para 12 , 20 , 21 , 22) |
| 4. legal conditions for society registration and cancellations. (Para 13 , 14 , 15 , 16 , 18 , 23) |
| 5. final order dismissing the writ and directing referral. (Para 24 , 25) |
JUDGMENT :
RAJESH SHANKAR, J.
The present writ petition has been filed for quashing the order dated 20.06.2024 passed by the respondent no. 3 – the Inspector General, Registration, Government of Jharkhand, Ranchi, the copies of which have been communicated to the respondent no. 6 as well as the petitioner’s secretary being the authority of Indian School of Learning, Dhanbad vide memo no. 216 dated 14.08.2024 (Annexure-9 to the writ petition), whereby the complaint filed by the petitioner has been disposed of without considering its claim, rather the executive committee of the petitioner-Society, which has been illegally constituted on 06.06.2016, has been allowed to submit report regarding compliance of all the statutory provisions since its date of constitution till date. Further prayer has been made for issuance of direction upon the concerned respondent to register the executive committee of the petitioner-Society which was constituted in November, 2007 for the period of five years i.e., till November 2012 but unanimously continued till November, 2017 and to allow the petitioner’s secretary to submit the report regarding proceedings of the society in the office of the respondent no. 3.
2. Learned Senior Counsel for the petitioner submits that the petitioner-Society was originally registered in the erstwhile State of Bihar in the year, 1973 and after re-organization of the State, the petitioner-Society was re-registered in the State of Jharkhand on 06.08.2007 in the office of the respondent no. 3 with the same executive body and members. The petitioner-Society constituted its executive body by way of election in November, 2007 for a term of 5 years and the same executive body unanimously continued till November, 2017. After death of some office bearers, they were unanimously replaced by the existing members of the Society.
3. It is also submitted that the petitioner-Society is engaged in running schools in the name of ‘Indian School of Learning’ having its branches spread over far-flung areas and for managing the schools effectively as well as handling its day-to-day affairs, the executive body of the Society has established local managing committees. Moreover, the bank accounts of such schools are also handled by the local managing committees as per instruction and guidance of the executive body of the Society. One of the schools of the Society running in the premises of Indian School of Mines, Dhanbad has been closed after expiry of the lease period, however, its furniture, books and other articles as well as the money deposited in its bank account were not handed over to the executive body of the Society. Shobha Sinha, the Secretary of the local managing committee pertaining to the said school, who was also the Vice-President of the executive committee of the Society, organized a meeting of local persons including the respondent no. 6 on 20.03.2016 and elected a new executive body of the Society in connivance with Madan Mohan Arora – another executive member of the Society. Thereafter, an application for registration of the said executive body by changing its office address was filed before the respondent no. 3 claiming that the earlier executive body of the Society was not working after its registration in 2007-08.
4. It is further submitted that except Shobha Sinha and Madan Mohan Arora, none of the individuals who attended the said meeting was ever a member of the Society and hence, the said meeting was not convened as per the existing by-laws of the Society which has no provision for election of the
