A court’s power of review is strictly limited to addressing patent errors or discovery of new evidence and cannot function as an appeal in disguise. Administrative authorities may investigate internal society management and subversive activities but lack jurisdiction to adjudicate specific election disputes reserved for civil courts.

JUDGMENT :

The present Civil Review has been filed for reviewing the order dated 19.10.2022 passed by this Court in W.P.(C) No. 3425 of 2022 claiming that there is certain apparent error in the said order.

2. Learned counsel for the review petitioner submits that the respondent namely, Mahuwa Minz had filed a writ petition being W.P.(C) No. 3425 of 2022 for the following reliefs:

(i) For quashing/setting aside the entire result of election pertaining to North Western G.E.L. Church, Ranchi held on 21.11.2021 and published vide letter no. XIII/1-Election-629 dated 04.12.2021 whereby the respondent no. 7 has been elected as Arch Bishop and the respondent nos. 8 and 9 have been elected as Bishops.

(ii) For quashing/setting aside the office order no. 02/2022 issued vide memo no. VII/5- Ministerial/27 dated 31.01.2022, whereby several “Purohits” have been transferred and posted from one place to another place.

(iii) For quashing/setting aside the minutes of proceeding as contained in letter/memo no. XVII/7-Admin./101 dated 17.05.2022, whereby several “Purohits”/candidates have been transferred from one “Parish”/department to another “Parish”/department.

(iv) For quashing/setting aside the notification no. XIII/1-Election/08 dated 16.06.2022, whereby the “Kalisya” Election 2022 (Session 2022-26) of North Western G.E.L. Church has been declared to be held on different dates by the respondent no. 4 in contrary to the constitution of the NWGEL Church Society as well as the Memorandum of Understanding (MoU) of the NWGEL Church Society.

3. It is further submitted that the said writ petition was disposed of vide order dated 19.10.2022 in following terms:

“4. Having heard learned counsel for the parties and keeping in view the provisions of Rule 12 of the Act, 1965, without entering into the merit of the case, the petitioner is given liberty to prefer a representation before the respondent no. 2 on the present issue. On receipt of the said representation, the respondent no. 2 shall take up the same and after issuing notices to the concerned parties as well as on providing due opportunity of hearing to them, shall take an appropriate informed decision within three months from the date of receipt of the representation.

5. The writ petition is accordingly disposed of with aforesaid liberty and direction.

4. Learned counsel for the review petitioner submits that the Societies Registration Act, 1860 and the Bihar (now Jharkhand) Societies Registration Rules, 1965 do not empower the Inspector General of Registration to adjudicate the dispute relating to a society or dispute among members of a society. The writ petitioner had challenged the election of North Western G.E.L. Church, Ranchi held on 21.11.2021 and published vide letter no. XIII/1- Election-629 dated 04.12.2021 whereas as per the Rules, 1965, the Inspector General of Registration is not empowered to enquire into the election matters of a society. In case of dispute arising among the governing body and the members of a society, the same can only be adjudicated in a civil suit.

5. Learned counsel for the petitioner, in support of his submission, puts reliance on the following judgments:

(i) Sri Ram Krishna Seva Sangh Vs. The State of Jharkhand & Ors. [W.P.(C) No. 1151 of 2020] reported in 2023 SCC OnLine Jhar 1302;

(ii) Supreme Court Bar Association Vs. The Registrar of Societies & Ors. [W.P.(C) No. 3260 of 2010] reported in 2012 SCC OnLine De