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RAJ MOHAN SINGH
Vijay Aggarwal – Appellant
Versus
District Registrar Firms And Societies – Respondent
JUDGMENT
Raj Mohan Singh, J. - Vide this common order, CWP No.18719 of 2020 titled Vijay Aggarwal Vs. District Registrar Firms and Societies and others, CWP No.18811 of 2020 titled Parveen Goel and others Vs. State of Haryana and others and CWP No.15113 of 2020 titled S.D. Education Society Panipat through its Secretary Dinesh Goel and another Vs. District Registrar Firms and Societies Panipat and others are being disposed of.
[2]. In CWP No.18719 of 2020, challenge is to the resolutions dated 29.08.2020 and 30.08.2020 passed by S.D. Education Society and to the letters dated 13.09.2020 and 15.09.2020, wherein the petitioner was removed as President of the society. Petitioner has also prayed for decision on the representations dated 01.09.2020, 04.09.2020, 10.09.2020 and 16.10.2020 with a further prayer not to hold elections of the Society in view of letters dated 13.09.2020 and 15.09.2020.
[3]. In CWP No.18811 of 2020, challenge is to the order dated 13.09.2020, whereby respondent No.5 was appointed as Returning Officer for conducting the elections. Petitioner also sought restraint against 13 debarred members including respondent No.5 from participating in the elections of the Soci
The central legal point established in the judgment is the validity of the General Body meeting and election process under the Societies Registration Act, 1975.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The central legal point established in the judgment is that the constitution of the governing body shall be valid only upon approval, and the tenure of the governing body shall commence from the date....
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
Only the Prescribed Authority has the jurisdiction to decide on the validity of society elections under the relevant provisions of the Act.
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
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.
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