GURDIAL SINGH Vs. UNION TERRITORY ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) The Sikh Educational Society was registered under the provisions of the Societies Registration Act, 1860 on. 14.12.1955. A general body meeting of the said society was held on 21.12.1991 in which Sardar Ajit Singh Sarhadi was elected as President. The petitioner Sardar Gurdial Singh was either elected or nominated as Vice President of the Society. Another person was also elected or nominated as Secretary of the Society. The said Secretary died some time in May, 1992. Thereupon the Present nominated Sardar Bharpur Singh (respondent No. 7) as Secretary of the Sikh Education Society. The Society was running some educational institutions both at Chandigarh and at some other places. Respondent No.7 Bharpur Singh was the Principal of Sri Guru Gobind Singh College during 1993. A person who has been selected by one the Selection Committee but not appointed filed a writ petition No. 16085 of 1993 against the Society and others for not appointing as lecturer but appointing one Jasveen Bawa as lecturer in Botany. That writ petition was decided by this Court on 21.9.1994 and while allowing the said writ petition adverse comments have been made against this respondent No.7 in the judgement. In view of the said comments and criticism made in the judgement, the President of the Sikh Educational Society vide his order dated 29.5.1995 relieved Sardar Bharpur Singh (R.7) form the charge of the Secretary aind also removed him from the list of members of the Sikh Educational Society (vide Annexure P.2). Thereafter, 24 members of the Society including respondent No. 7 gave a requisition for convening extraordinary meeting of the Sikh Educational Society requesting the President of the Society to convene the meeting before 14th of July, 1995, otherwise they would have to hold a meeting on 15th of July, 1995 (vide Annexure P.6 dated 14th June, 1995). Thereafter, the President of the Society namely Sardar Ajit Singh Sarhadi gave a notice to all the members of the Sikh Educational Society, Chandigarh fixing the date and convening of the General Body meeting of the Society on 14th of July 1995. he also directed the Principle of S.G.G.S, College to issue notice of the meeting to all the members Annexure P-11 is a copy of the said notice issue to Colonel Bhup Singh, who is the member of the society. Though on the very next day is on 21.6.1995, the President stated vide Annexure P. 12 that he signed the notice (p- 11) without carefully going through the same. But in a subsequent letter dated 22.7.1995, the President confirmed about the convening of the general body meeting on 14th July, 1995, by him. There is no dispute that the petitioner attended the meeting held on 14.7.1995. At the said meeting Sardar Jathedar Gurcharan Singh Tohra was elected as President of the Society and Shri Bharpur Singh was elected as Secretary and Sardar Gurdev Singh Brar was elected as Vice President of the Sikh Educational Society.

(2.) The petitioner who was the Vice President of the Society filed this writ petition seeking the following reliefs :-

(3.) Thus from a reading of the prayers and the reliefs sought from in the writ petition it is very clear that the petitioner is challenging the election of the President, Vice President and the Secretary at the meeting held on 14.7.1995. The main contention of the learned counsel for the .petitioner is that the meeting held on 14.7.1995 is illegal as there can not be any meeting for election of the office bearers of the Society as the term of the office bearers under the Rules is for a fixed period of five years. He also contended that the notice issued for convening a meeting itself is illegal and the meeting which was convened on 14.7.1995 is not in accordance with the Rules. He further contended that the election be declared as invalid and Shri Bharpur Singh against whom adverse comment and criticism was made by this Court could not have been elected as Secretary and the President in exercise of his powers under the Rules removed him from Secretaryship and also from membership of the society and, therefore, the said Bharpur Singh could not have been legally elected as Secretary or he ceased to be a member of the Society.