SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(P&H) 65

IN THE HIGH COURT OF PUNJAB AND HARYANA  AT CHANDIGARH
JAGMOHAN BANSAL, J.
Rama Nand and Others – Appellant
Versus
State of Haryana and Others – Respondent 
CWP-9452 of 2026(O&M)
Decided On : 01-04-2026

Advocates Appeared:
For the Appellant :Mr. Mukesh Kumar Verma, Advocate and Mr. Dharam Pal Saini, Advocate
For the Respondent:Mr. Akshit Pathania, AAG, Haryana, Mr. Amandeep Vashisth, Advocate

JUDGMENT :

JAGMOHAN BANSAL, J. 

1. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 13.03.2026 whereby Registrar General, Haryana has dismissed their appeal against order dated 09.04.2025 passed by State Registrar. They are further seeking setting aside of order dated 17.12.2024 whereby District Registrar, Rewari dismissed their representation. They are also seeking setting aside of order dated 09.01.2026 whereby Adhoc Committee has been appointed by Deputy Registrar; and direction to respondents to appoint an independent Administrator under Section 39 of Haryana Registration and Regulation of Societies Act, 2012 (for short ‘2012 Act’).

2. The respondent No.6-Gaurika Education Society is a society registered under 2012 Act. It was registered on 10.03.2016. Tenure of the governing body which was elected on 11.01.2019 expired on 10.01.2022. The respondent conducted elections on 01.12.2022. The society on 21.03.2023 filed list of elected office bearers before District Registrar, Rewari who approved list of elected office bearers on 22.03.2023. The petitioners filed representation before District Registrar, Rewari assailing act and conduct of society/governing body. They also alleged misappropriation and embezzlement of funds. The District Registrar, Rewari by impugned order dated 17.12.2024 dismissed their complaint. They preferred an appeal before State Registrar who vide order dated 09.04.2025 dismissed their appeal. They further preferred appeal before Registrar General who vide order dated 13.03.2026 dismissed their appeal. The District Registrar, Rewari vide order dated 09.01.2026 appointed an Adhoc Committee to hold elections. The Said committee has started election process.

3. Learned counsel for the petitioners submits that a society is required to file list of elected office bearers within 30 days from the date of elections. The Deputy Registrar as per Section 75 of 2012 Act can condone delay of not more than 30 days. The governing body elected in 2019 ceased to exist on 10.01.2022, thus, could not conduct elections in December’ 2022. On 01.12.2022, election of the governing body was conducted and list of elected members was filed with District Registrar after 110 days. As per Section 33(2) read with Section 75 of 2012 Act, list of elected members could not be approved beyond 60 days. As District Registrar approved list of members after 60 days, approval of list of selected candidates was invalid. As election of office bearers was illegally approved by District Registrar, Rewari beyond 60 days, existence of governing body was bad in the eye of law. The governing body had no power to function. The respondent has appointed Adhoc Committee which is going to conduct election on the basis of disputed list of members. There is need of appointment of an independent Administrator to conduct election after verifying genuineness of list of members.

4. Learned counsel for respondent No.6 submits that Adhoc Committee appointed by District Registrar has already conducted election. The election was conducted on 15.03.2026 and list of selected candidates was filed with Registrar on 18.03.2026. The District Registrar has approved list of elected governing body on 20.03.2026.

5. Learned State counsel supports averments of learned counsel for respondent No.6.

6. Heard the arguments and perused the record.

7. From the perusal of record and arguments of both sides, it comes out that petitioners are claiming that election on 01.12.2022 was conducted by a non-existing governing body. They are further claiming that list of elected members was required to be approved within 60 days by District Registrar whereas it was approved after 110 days. The approval was contrary to mandate of Section 33 read with Section 75 of 2012 Act. As approval of elected governing body was bad in the eye of law, all the proceedings conducted by governing body during 2022-2025 were bad in the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top