NARENDRA SWARUP BHATNAGAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in WPMS No.122 of 2014 dated 15.05.2014. The appellant herein filed WPMS No.122 of 2014 seeking a writ of mandamus directing respondent Nos. 2 and 3 to conduct elections to the office bearers of the fourth respondent-society as per the provisions of Section 25(2) of the Societies Registration Act.

(2.) Facts, to the limited extent necessary, are that elections were held to the fourth respondent-society on 28.11.2010, and a Managing Committee was formed. The three years term, of the Managing Committee, expired on 27.11.2013, despite which no fresh elections were held. The appellant addressed a letter to the Deputy Registrar, Firms, Societies and Chits on 23.12.2013, requesting him to hold elections under Section 25(2) of the Societies Registration Act, 1860. By his letter dated 18.01.2014, the Deputy Registrar informed the 4th respondent-society of their obligations to conduct elections. Three days thereafter, on 21.01.2014, the Deputy Registrar directing the fourth respondent-society not to hold elections.

(3.) While the fourth respondent-society claims to have passed a resolution on 19.01.2014, to have notified the elections schedule on 21.01.2014, and to have issued an advertisement in this regard on 22.01.2014, the appellant-writ petitioner disputes the fourth respondent's claim in this regard. It is his case that, only after receipt of the letter of Deputy Registrar dated 21.01.2014, an advertisement was issued by the fourth respondent on 22.01.2014 notifying the elections. It is, however, unnecessary for us to examine this dispute, in the present appeal, for reasons to be stated later in this order.