RISHI GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID-19.

(2.) The Sonipat Hindu Educational and Charitable Society (hereinafter to be called as 'the Society') is a registered body under the Haryana Registration and Regulation of Societies Act 2012 and Rules as amended upto date ( in short, the Act and the Rules, respectively). The Society is claimed to be running educational institutions and carrying on social welfare work for the last more than 100 years. The Society has prescribed membership of 1100 members. During the course of passage of time, it was realized that the membership of the Society has dwindled due to unforeseen circumstances including death of some of the then members. A sub-committee was constituted for enrollment of life members. The Sub-Committee forwarded 168 applications to the Managing Committee of the Society for enrollment as life members. It is alleged that on 26/5/2013, 168 members were inducted as life members by the Managing Committee of the Society regarding which the meeting was held on 27/5/2013 and the same is detailed as Annexure P-1. The petitioners numbering 4 claim tobe members inducted at this meeting. It is subsequent thereto respondent No. 6 Sri Bhagwan Gupta filed a petition under Sec. 21 of the Act before the District Registrar of Societies challenging the membership so granted. The District Registrar of Societies respondent No. 4 vide order dtd. 17/4/2014 cancelled the membership to 168 members. The order was, thereafter, challenged by the Society before this Court through CWP 8182 of 2014 in which an interim stay was granted on the operation of the said order. It is vide order dtd. 28/7/2017, the High Court set aside the order dtd. 17/4/2014 of the District Registrar and remanded the matter back to the District Registrar for deciding the same afresh.

(3.) In the proceedings before the District Registrar who processed claim and counter-claim of the parties to assess the induction of 168 members by the Society, it is vide order dtd. 26/9/2017, the District Registrar held that the membership so inducted was required to be approved by the general body of the Society and the order is Annexure P-5. It is, thereafter, some of the members filed an appeal against this order before the State Registrar respondent No. 3 for setting aside the order and vide interim order dtd. 23/1/2018 the operation of the impugned order was stayed allowing these newly inducted members to participate in the election procession due on 25/2/2018 which order is Annexure P-6.