BHUVNESHARI EDUCATION SOCIETY Vs. STATE OF HP

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for the grant of the following amongst other reliefs:-

(2.) Briefly stated the facts of the case are that a society under the name and style of Bhuvneshari Education Society is duly registered and this society is running a number of educational institutions. The stand of the petitioner is that respondent No.4 Madan Gopal Sharma who is admittedly one of the original founders of the society has usurped the powers of the other members and is not properly administering the affairs of the society. It appears that the Registrar of Societies vide his letter dated 6th July, 2009 asked the Assistant Registrar (Audit) to submit a report in respect of the management of the Society in question. A report has been submitted in which serious allegations have been levelled with regard to the functioning of the respondent No.4. On the basis of this report the petitioner prays that the records of the society be seized and the respondents No. 2 and 3 be directed to pass appropriate orders in this regard. It has also been prayed that an Administrator be appointed for managing the affairs of the society. The averments made by the petitioner as well as the findings of the Assistant Registrar given in his report have been controverted by respondent No.4 and according to him he is running the society strictly in accordance with law and rules.

(3.) At this stage, this Court cannot go into the merits of the allegations made against the respondent No.4. It is more than obvious that there is some dispute between the members who formed the original managing committee of the society. It is also apparent that the main antagonists are the members of the same family. Be that as it may, this Court in a writ petition cannot go into the facts of the case and at this stage the only relief which can be granted to the petitioner is to issue a direction to the respondent No.3 Registrar of Societies, District Mandi to take action in accordance with law on the report filed by the Assistant Registrar Cooperative Societies, Mandi. The respondent No.3 is further directed to issue notices to the respondent No.4 as well as Shri R.L.Sharma and Ms. Kalpna Sharma and he may also issue a public notice by publication in newspaper having circulation in Mandi district inviting objections/suggestions from any member of the society. After taking into consideration the objections/suggestions made by the members he shall take a final decision as to what action has to be taken on the report of the Assistant Registrar in accordance with the provisions of the Himachal Pradesh Societies Registration Act, 2006. The said decision be taken latest by 31st December, 2010. The parties are directed to appear before respondent No.3 on 20th September, 2010 and the Registrar shall after hearing the parties who are represented before me consider whether this is a fit case for appointment of administrator or not. The petition is disposed of accordingly. No order as to costs.