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2006 Supreme(P&H) 1840

PUNJAB & HARYANA HIGH COURT
Jasbir Singh and Vinod K.Sharma JJ.
Shamsher Sharma
Versus
Registrar, Firms And Societies, Haryana
Civil Writ Petition No. 11930 of 2005,
Decided On : APRIL 28, 2006

Competence of the writ petition under Articles 226/227 of the Constitution of India.

Headnote:

Articles 226/227 - Constitution of India - The court dismissed the writ petition under Articles 226/227 of the Constitution of India, challenging the removal of the petitioner from the post of Secretary of a Society registered under the Registration of Societies Act, 1860, on the grounds of lack of competence.

Fact of the Case:

The petitioner filed a writ petition challenging the removal from the post of Secretary of a Society and the amendment in the Constitution of the Society.

Finding of the Court:

The court found the writ petition not maintainable based on the precedent and the private nature of the Society.

Issues: Competence of the writ petition under Articles 226/227 of the Constitution of India.

Ratio Decidendi: The court's decision was influenced by the precedent set in a previous judgment and the private nature of the Society not receiving government aid.

Final Decision: The writ petition was dismissed as not maintainable.

Judgment

1. The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ of certiorari/mandamus with a prayer that action of respondent No.3, in removing the petitioner from the post of Secretary of respondent No.2 be declared null and void. It has further been prayed that amendment in the Constitution of respondent No.2 vide Annexure P.4 be also set aside.

2. Challenge has also been made to the document Annexure P.20 dated 4.6.2005 i. e. amended constitution of the Society.

3. It is not in dispute that respondent No.2 is a Society registered under the Registration of Societies Act, 1860. It is a private concern and is not getting any aid from the Government. In view of the ratio of the judgment of this Court in CWP No.5053 of 2003 (Yash Pal dalal Vs. Governing Body of Jat Education Society and ors.), decided on 3.4.2003, we feel that objection raised by the counsel for the respondents that the writ petition is not competent, is justified. In view of the ratio of the judgment referred to above, the writ petition is dismissed as not maintainable.

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