GYANENDRA NARAIN Vs. KONDA PRABHAKAR RAO

JUDGEMENT

(1.) Heard the parties at length, except respondent Nos. 5 and 6. As no order adverse to respondent Nos. 5 and 6 is begin passed, they will not be prejudiced by not hearing them.

(2.) The election of Jharkhand Badminton Association (JBA for short) was held on 28.11.2010, which was challenged by the appellants- (the Secretaries of Godda, Seraikella-Kharsawan, Koderma, Deoghar and Ranchi Districts Badminton Association) along with respondents No. 5 and 6 herein (the Secretaries of Jamshedpur and Chatra Districts Badminton Association), mainly on the ground that the elected persons were not eligible as per the existing bye-laws. It was registered as Misc. Case. A notice dated 13.1.2011 was issued to the elected candidates. They appeared on 2.2.2011. Ultimately they filed writ petition being W.P.(C) No. 2685 of 2011 on 18.5.2011, challenging the notice dated 13.1.2011 2. issued by the Inspector General of Registration (I.G. Registration for short) on the ground that as per Rule 12 of Bihar Societies Registration Rules, 1965 (Rules for short), he had no jurisdiction to entertain election dispute.

(3.) The I.G. Registration passed an interim order on 13.6.2011 under memo dated 15.6.2011, inter alia, that-(i) the Director, Sports or his authorized representative will hold an enquiry, (ii) as prima facie the elected body was against clause-8 of the registered bye-laws, the existing body was directed not to function, (iii) if the elected body so wished it could hold a general meeting under supervision of Sports Department for constitution of an ad hoc body.