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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Vijay Aggarwal & Ors. – Appellants
Versus
District Registrar Firms And Societies & Ors. – Respondents
CWP Nos.18719, 18811 and 15113 of 2020 (O&M)
Decided On : 08-03-2022
Election Dispute - Society Elections - Haryana Registration and Regulation of Society Act, 2012 - Section 40, Section 33(3), Section 39(2) - The court discussed the legality of the removal of an elected member, the process of conducting elections, and the finality of election results. The court emphasized the urgency of prompt engineering of the election process and the bar to interference by the courts in electoral matters as per Article 329 of the Constitution of India.
Fact of the Case:
The case involved challenges to resolutions and orders related to the removal of the President of S.D. Education Society and the conduct of elections. The petitioner sought a decision on the legality of the removal and restraint against debarred members from participating in the elections.
Finding of the Court:
The court found that the election process had been completed, and a new President had been elected unopposed. It emphasized the urgency of prompt engineering of the election process and the bar to interference by the courts in electoral matters as per Article 329 of the Constitution of India.
Issues: The issues included the legality of the removal of the President, the conduct of elections, and the finality of election results.
Ratio Decidendi: The court emphasized the urgency of prompt engineering of the election process and the bar to interference by the courts in electoral matters as per Article 329 of the Constitution of India.
Final Decision: The court dismissed all the writ petitions as having rendered infructuous, as the election process had been completed and a new President had been elected unopposed.
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 Society. Petitioner has also challenged the election notice dated 15.09.2020 being without approval of the General Body of the Society and based upon unapproved and unupdated list of members. Petitioner has also prayed for continuation of ad hoc committee amongst the General Body Members.
[4]. In CWP No.15113 of 2020, S.D. Education has come forward to challenge the letters dated 08.09.2020. 09.09.2020 and 10.09.2020. President namely Vijay Aggarwal was not made a party in the said writ petition, therefore, application under Order 1 Rule 10 CPC bearing CM No.9788-CWP of 2020 was filed.
[5]. Since the aforesaid writ petitions are in the context of elections of S.D. Education Society, therefore, common facts are being noticed.
[6]. Vijay Aggarwal was elected as President of S.D. Education Society, Panipat in December, 2018. The term of his appointment was upto December 2021. Before Expiry of his term, the Executive Committee of the Society vide resolution dated 29.08.2020, resolved to remove him from the post of President. Vide letter dated 30.08.2020, Society informed the District Registrar Firms and Societies, Panipat with regard to passing of aforesaid resolution dated 29.08.2020. Petitioner filed his objections before District Registrar against the aforesaid resolution dated 29.08.2020 on 04.09.2020. District Registrar vide letters dated 08.09.2020, 09.09.2020 and 10.09.2020 wrote to the Society, seeking their comments and in the interregnum prohibited them from holding any meeting of Executive Committee. The Society challenged the aforesaid communications received from the District Registrar by filing a writ petition before the High Court i.e. CWP No.15113 of 2020 titled S.D. Education Society, Panipat Vs. District Registrar Firms and Societies, Panipt and others, in which notice was issued. Since Vijay Aggarwal was not made party as a respondent in the said writ petition, therefore, he filed an application under Order 1 Rule 10 CPC for being impleaded as party therein. The case was adjourned on 25.09.2020 to 22.11.2021. On 22.11.2021, as an interim measure, it was directed that no steps be taken on the basis of the aforesaid letters of the District Registrar. As per Section 40 of the Haryana Registration and Regulation of Society Act, 2012 (for short 'the Act'), in case of removal of an elected member or office bearer by any Society and if such removal is disputed by such member, then on a reference made by the District Registrar to the State Registrar, final adjudication can be made as to whether such removal is in accordance with law or not. In the instant case, District Registrar on a dispute raised by the petitioner with regard to his removal was still contemplating to make a reference to the State Registrar under Section 40 of the Act.
The Society
AI
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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