AHIR COLLEGE SOCIETY, REWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing impugned order dated 06.06.2017 (Annexure P-17), whereby the Administrator of the petitioner-Society has been appointed. A further prayer has also been made for direction to the "appropriate authority" amongst the official respondents to decide pending issues of filling up the existing vacancies of membership of the Society pending since 2012 and, thereafter, to hold the election.

(2.) Briefly, the facts of the case as made out in the present petition are that the petitioner-Society i.e. Ahir College Society, Rewari was registered under the Societies Registration Act, 1860 on 11.10.1972 with the object to promote education. The election of the Management Committee/office bearers of the Society was to be conducted by its own members after every three years. The last election of the Society was held on 17.12008. Notice dated 30.11.2011 was circulated amongst the Members of the Society for holding of meeting of the Society on 16.12011 to decide the date of election and to appoint the Returning Officer for conducting the elections. It was decided in the meeting that election was to be held on 16.01.201 Respondent No.5 was the Vice President of the Society and he was also discharging the duties of the President. Accordingly, the meeting to be held on 16.12011 was presided over by him for the election of the Society. The Vice President was elected unopposed and daughter of respondent No.5 was elected as Treasurer of the Society. For the posts of President and General Secretary, the candidates got equal votes i.e. six each and the matter was referred to the University/State Government for taking necessary action. A decision was taken to hold the election again on 26.08.201 However, the process of re-holding the election was challenged by respondent No.5 by way of filing CWP No.16302 of 2012 before this Court. While declining to issue notice in that petition, it was directed that election process would go on but the result be not declared. Ultimately, said writ petition was dismissed as withdrawn on 10.09.201 The result was declared on 30.09.2012 and Rao Yadavendra Singh was declared as President and Col. (Retd.) Rewat Kumar was declared as General Secretary of the Society. Said result was accepted and it was not challenged by respondent No.5. A meeting of the Society was convened on 21.10.201 The agenda of the meeting was circulated amongst members by the elected General Secretary. It was one of the agenda before the newly elected office bearers that two vacant posts of the members of the Society were to be filled up but it was challenged by respondents No.5 and 6. The matter was referred to the appropriate authority and the filling of vacancies was stayed by respondent No.4 (District Registrar, Firms & Societies, District Industries Centre, Rewari). The District Registrar vide its letter dated 24.05.2013 stated that there was no direction for conducting an enquiry and office could not act without any direction from the office of the Registrar General, Firms and Societies, Haryana. Thereafter, respondent No.6 Raghvendra Singh at the behest of respondent No.5 Rao Inderjeet Singh approached the District Registrar for stay of proposed meeting. Respondent No.4 (District Registrar, Firms & Societies, District Industries Centre, Rewari) issued letter dated 10.09.2015 directing the petitioner-Society not to hold meeting for initiating the election process. Due to said direction, the petitioner-Society again notified holding of meeting. The General Secretary of the Society appeared before respondent No.1 (Principal Secretary, Industries & Commerce Department, Haryana, Civil Secretariat, Chandigarh) along with all relevant record and election process was stayed vide letter dated 24.09.2015 till further orders.

(3.) The petitioner was aggrieved by the action of the District Registrar while issuing order dated 011.2015 on the ground that the Society had been illegally bifurcated at the instance of respondents No.5 and 6. Thereafter, petitioner-Society filed CWP No.25041 of 2015, which was withdrawn on 16.02.2016. Thereafter, another petition i.e. CWP No.5134 of 2016 was filed by petitioner Society but it was also withdrawn with liberty to file fresh petition. Respondents No.5 and 6 took over the management of the Society. On the recommendation of the University, there was a proposal to appoint Administrator as the Society had failed to hold the elections but the appointment of the Administrator of the Society was kept in abeyance under the orders of the Court passed in CWP No.2834 of 2017 till the issue of filling up the vacancies was decided. The election of the Society was notified and for that purpose a voter list was also prepared. As per direction issued by the Court, the petitioner approached the District Registrar by way of filing objections but those objections were not considered. Ultimately, the objections were dismissed and recommendation was made to hold election by appointing an Administrator vide order dated 11.05.2017. Petitioner filed an appeal before the Registrar on 08.06.2017 but the matter was kept pending. Ultimately, vide order dated 06.06.2017 respondent No.1 while exercising powers under Sub-Section (1) of Section 68 of the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter referred to as 'the HRRS Act, 2012') appointed Additional Deputy Commissioner, Rewari as the Administrator of the Society for a period of six months or till holding of elections. Said impugned order dated 06.06.2017 is subject matter of challenge in the present petition.