PRAKASH Vs. GOVT OF NTC

JUDGEMENT

(1.) Five Petitioners in this batch of Writ Petitions allege that it has become a practice for rival factions to declare elections in conflict with the other. Attention has been drawn to the Order of J.B. Goel, J. in Shri Sanatan Dharam Sabha vs. Shri Naresh Chand Aggarwal, bearing Suit No.1269/1994. It appears that two factions of the said Society, namely, Shri Laxmi Narain on the one side and Shri Ganga Prasad on the other are already in litigation on this very subject. Those proceedings are presently pending before Shri Babu Lal, ADJ.

(2.) The present Petitioners seek a direction to the Registrar of Societies to hold Elections. The statute only envisages that after the holding of elections Annual Returns should be filed. It casts no obligation on the Registrar of Societies. It has been observed by the Division Bench of this Court in Sarvadeshi Arya Pratinidhi Sabha vs. The Registrar of Societies in CWP No.2369/1995 that the Registrar of Societies has no role to play in the adjudication or determination of internal disputes. This would include questions pertaining to which faction or party is legitimate.

(3.) Assuming that the Petitioners are not aligned with either of the groups, at best they may have a right for impleadment under Order I Rule 10 in the ongoing litigation. They will certainly have the unfettered right to file a Suit, if they ate so advised.