BHUVNESHWARI EDUCATION SOCIETY v. DEPUTY COMMISSIONER CUM REGISTRAR
2013-04-09
A.M.KHANWILKAR, R.B.MISRA
body2013
DigiLaw.ai
JUDGMENT A.M. KHANWILKAR, J. 1. WE have heard learned counsel for the parties. 2. BY this writ petition, it is prayed that the order passed by the Registrar Societies-cum-Deputy Commissioner, Mandi District dated 22nd June, 2011 be quashed and set aside. Further, the consequential communication received by the petitioner for handing over the records of the Society to the Assistant Registrar in terms of communication Annexure P-30 be also quashed and set aside. There is chequered history giving rise to filing of this petition. The petitioner-society had filed writ petition in this Court being CWP No. 1566 of 2010 for issuance of directions to the State Authorities to seize the records, registers, books of accounts, funds and properties of the Society till the same are handed over to the duly constituted general body of the Society. 3. PURSUANT to the orders of the Deputy Commissioner the SDM commenced inquiry to ascertain the membership of the Society, in furtherance of order dated 1st September, 2010 passed by this Court. In the said inquiry, the SDM found that only 21 persons are the promoter members of the Society and entitled to exercise rights of the members. 4. THE second writ petition came to be filed by the persons claiming to be members who were found by the SDM to be not lawfully enrolled members of the Society, being CWP No. 8092 of 2010. However, that writ petition was withdrawn on 18th April, 2011 with liberty to pursue civil suit. It appears that the said members have already resorted to civil suit. The Society filed another writ petition being CWP No. 2778 of 2011 regarding the same subject matter which was matter in issue in the Civil Court adjudicated before the Court of Civil Judge (Senior Division), Sundernagar in Civil Suit No. 43 of 2011 and before the Deputy Commissioner. The Society withdrew the said petition with liberty to approach the Civil Court. 5. IT is also noticed that one more petition was filed by the Society being CWP No. 4591 of 2011 for challenging the order dated 4th June, 2011 and to restrain the respondents from passing final orders on 22nd June, 2011.
The Society withdrew the said petition with liberty to approach the Civil Court. 5. IT is also noticed that one more petition was filed by the Society being CWP No. 4591 of 2011 for challenging the order dated 4th June, 2011 and to restrain the respondents from passing final orders on 22nd June, 2011. However, that writ petition was also disposed of as the counsel for the petitioner submitted that the relevant factual position will be brought to the notice of the Civil Court where the matter was pending and that Court was competent to pass appropriate orders. 6. ACCORDING to the petitioner, the abovesaid writ petitions filed on or behalf of the Society were filed by the persons who were not duly authorized in that behalf.. The fact remains that pursuant to the directions issued by this Court in CWP No. 1566 of 2010, Registrar Societies-cum-Deputy Commissioner, Mandi in the inquiry conducted by him found that the affairs of the Society were not being managed in accordance with law and the bye-laws of the Society. On that finding he proceeded to direct the appointment of Registrar as Administrator to manage the affairs of the Society for a period of two months. The Administrator was then directed to call the General Body Meeting of the members of the Society as determined by the SDM; and conduct election to elect the Managing Committee. Notably, the opinion of the SDM has not been challenged before us in this petition. Similarly, the order passed by the Registrar, which is impugned in this petition, was carried in appeal before the Secretary Cooperative Societies, which has been dismissed. That decision has not been challenged in this petition. In that sense, the decision of the Appellate Authority has been allowed to attain finality. Further, the fact that the petitioner had filed the said appeal and it has been disposed of has not been disclosed in the memo of writ petition, though a material fact. On this count alone the petition deserves to be dismissed at the threshold. The argument of the petitioner that the Registrar has not considered the grievance of the other members or for that matter the expelled members have continued to remain in office, in our opinion, will be of no avail to the petitioner.
On this count alone the petition deserves to be dismissed at the threshold. The argument of the petitioner that the Registrar has not considered the grievance of the other members or for that matter the expelled members have continued to remain in office, in our opinion, will be of no avail to the petitioner. As the order of the Appellate Authority is not in appeal before us, the order passed by the Registrar of Societies to appoint Administrator to facilitate installation of the duly elected Managing Committee from amongst the eligible members of the Society will have to be taken to its logical end in accordance with law. The Registrar in the impugned order has analyzed the factual position and has recorded finding of fact that the affairs of the Society were not being properly managed and in conformity with the provisions of law and bye-laws. The Registrar has found as follows:- "23. In view of the findings of the Enquiry Report submitted by ARCS (Audit), Directorate of Cooperation, Shimla and above discussions I am of the opinion that the society is not being run in accordance with the provisions of the Bye laws of the society and Himachal Pradesh Societies Registration Act, 2006. The manner in which the society is being run is prejudicial to the interests of the society and its members. This is, therefore, a fit case for interference u/s 41 of Himachal Pradesh Societies Registration Act, 2006. In pursuance to the power vested in me u/s 41 of Himachal Pradesh Societies Registration Act, 2006 I hereby direct that 1. Sh. Netar Singh, Assistant Registrar, Cooperative Societies Mandi Distt Mandi HP is hereby appointed as the Administrator to manage the affairs of Bhuvneshwari Educational Society for a period of 2 months. During this period powers of Managing Committee and Board of Directors shall remain under suspension. 2. He will a. Exercise all powers exercised by the Managing Committee and Board of Directors to manage the affairs of the society. b. Take into his custody all moveable and immovable properties, records and books of the society. c. Control and operate all bank accounts to pay for salaries of the employees and meet out other administrative expenses of the society.
b. Take into his custody all moveable and immovable properties, records and books of the society. c. Control and operate all bank accounts to pay for salaries of the employees and meet out other administrative expenses of the society. d. Take such steps, as may be necessary, to call the General Body Meeting of the members of the Society as determined by the two Member Committee comprising SDM Sundernagar and ARCS, Mandi within two months and conduct election to elect a Managing Committee. The composition of society shall also be brought in conformity to the provisions of Himachal Pradesh Societies Registration Act, 2006. e. Handover the affairs of the society to duly elected Managing Committee within the period 2 months. Sd/- Registrar of Societies, Mandi, Distt Mandi, HP." 7. WE find no reason to reverse this opinion of the Registrar. Accordingly, this petition ought to fail and the same is dismissed. Ordered accordingly. 8. COUNSEL for the petitioner submits that respondents No. 2 and 3 have forcibly taken possession of the office of the Society including the records kept therein. In other words, the petitioner has no control over the office or for that matter the records of the Society. It is not necessary for us to examine the correctness of this factual position in the present proceedings. That is the matter which will have to be examined by the concerned authorities and appropriate action taken in accordance with law.