SHAMSHER SHARMA Vs. REGISTRAR FIRMS AND SOCIETIES HARYANA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ of certiorari/Mandamus with a prayer that action of respondent No.3, in removing the petitioner from the post of Secretary of respondent No.2 be declared null and void. It has further been prayed that amendment in the Constitution of respondent No.2 vide Annexure P.4 be also set aside.

(2.) Challenge has also been made to the document Annexure P.20 dated 4.6.2005 i.e. amended constitution of the Society.

(3.) It is not in dispute that respondent No.2 is a Society registered under the Registration of Societies Act, 1860. It is a private concern and is not getting any aid from the Government. In view of the ratio of the judgment of this Court in CWP No.5053 of 2003 (Yash Pal Dalal Vs. Governing Body of Jat Education Society and ors.), decided on 3.4.2003, we feel that objection raised by the counsel for the respondents that the writ petition is not competent, is justified. In view of the ratio of the judgment referred to above, the writ petition is dismissed as not maintainable.