SOLAN VYAPAR MANDAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant writ petition has been filed for grant of the following reliefs:-

(2.) The petitioner-Society was registered on 23.05.2016 under the provisions of the Himachal Pradesh Societies Registration Act, 2006 (for short 'Act'). It is averred by the petitioner that vide resolution passed in the meeting of the Society held on 27.06.2020, it was resolved that the term of three years of the Managing Committee was already over and, therefore, elections are required to be conducted and as such Shri Sanjeev Sharma was nominated as Returning Officer and Shri Pankaj Verma was authorized to communicate with the Deputy Registrar Societies, Solan (3rd respondent) for taking steps for conducting elections of the Managing Committee. On the said date, it was also decided that the elections of the Society will be held on 29.08.2020 and for this purpose an information will be sent to the members of the Society, so that whosoever is interested in the elections may submit his name on or before 27.07.2020 before the Returning Officer and the last date for withdrawing the names was fixed as 03.08.2020.

(3.) On 20.08.2020, a letter was issued by 3rd respondent to the petitioner-Society vide which reference was made to the letter dated 01.08.2020 and directions were issued that the Society may fix the term of the Governing Body to three years in sequel to the provisions of the Act and get fresh elections conducted by calling a General House of the members of the Society in accordance with law.