Delhi High Court - Orders
Defence Colony Welfare Association A ... vs Additional District Magistrate South ... on 28 October, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~57 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12256/2021
DEFENCE COLONY WELFARE ASSOCIATION A
REGISTERED SOCIETY & ANR. ..... Petitioners
Through: Mr. Hrishikesh Baruah, Mr. Arjun
Dewan and Mr. Akash Arora,
Advocates.
versus
ADDITIONAL DISTRICT MAGISTRATE
SOUTH EAST DELHI & ORS. ..... Respondents
Through: Ms. Hetu Arora Sethi, ASC,
GNCTD for R-1 to R-4.
Mr. Aditya Dewan, Advocate for
R-5.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% Ms. 28.10.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPLs. 38349-50/2021 (for exemptions) Exemptions allowed, subject to all just exceptions. This application stands disposed of.
W.P.(C) 12256/2021 & CM APPL. 38348/2021 (for interim relief)
1. Issue notice. Ms. Hetu Arora Sethi, learned counsel, accepts notice on behalf of the respondent nos. 1 to 4. Mr. Aditya Dewan, learned counsel, accepts notice on behalf of the respondent no.5- Mr. Dhirendra Nath Puri.
2. The petitioner no 1- Defence Colony Welfare Association is a registered society, and the petitioner no.2- Defence Colony(Welfare Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12256/2021 Page 1 of 4 Association) Club is an unregistered society. The petitioners challenge an order dated 09.10.2021 passed by the respondent no.2- District Magistrate, District South East, New Delhi, by which the elections to petitioner societies, which were scheduled to be held on 10.10.2021 and 17.10.2021, were postponed until further orders. The petitioners also assail a further order dated 10.10.2021, issued by the respondent no.2, by which an enquiry committee has been constituted to enquire into the allegations levelled by the respondent No.5 against the working of the petitioner societies.
3. Mr. Hrishikesh Baruah, learned counsel for petitioners, draws my attention to an order dated 07.10.2021 passed by a co-ordinate Bench of this Court in W.P.(C) 11537/2021 [Dhirendra Nath Puri vs. Defence Colony Welfare Association Registered Society Through Its President & Ors], which was filed by the respondent No.5 against the petitioners herein. The said petition was disposed of with the following directions:-
"5. At the outset, it has been put to learned counsel for the petitioner as to how a writ petition would be maintainable against respondent nos.1 & 2, which are private entities. In response, he submits that the petitioner has already approached the respondent no.3/ concerned District Magistrate, by way of a representation dated 20.09.2021, requesting therein that (i) an impartial inquiry be held qua the manner of functioning of respondent no.1, and (ii) the forthcoming elections for the DCWA Club (to be held on 10.10.2021) as also to the DCWA (to be held on 17.10.2021) be conducted under the supervision of respondent no.3. He therefore contends that as respondent no. 3 has not taken any action on the said representation and therefore failed in discharging its statutory duties, the petitioner has been compelled to approach this Court.
6. Learned counsel for respondent nos. 1 & 2, while opposing the writ petition on the ground of maintainability, Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12256/2021 Page 2 of 4 submits on instructions that he has no objection to the respondent no. 3 deciding the petitioner's representation.
7. However, keeping in view, the serious allegations levelled by the petitioner in regard to the manner in which the elections are being conducted, it has been put to the learned counsel for the parties as to whether they would be agreeable to the respondent no. 3 deputing an officer to remain present during the elections to avoid any allegation of irregularity at a subsequent stage. Learned counsel for the petitioner as also for respondent nos. 1 & 2 are agreeable to the said suggestion.
8. In the light of the aforesaid, the writ petition is disposed of by directing respondent no. 3 to expeditiously consider the petitioner's aforesaid representation in accordance with law. The respondent no. 3 is further directed to depute an officer to remain present during the proposed elections of respondent nos. 1 & 2 on 17.10.2021 and 10.10.2021 respectively, to act as an observer.
9. It is made clear that this Court has neither expressed any opinion on the merits of the petitioner's claim nor on the objection of respondent nos. 1 & 2 regarding the maintainability of the present petition."
4. Ms. Sethi submits that the orders challenged in this petition have been passed pursuant to the order to this Court dated 07.10.2021. She further submits that the enquiry instituted by the order dated 10.10.2021 will be concluded by 09.11.2021.
5. Mr. Baruah's submission, however, is that the orders of the respondent no.2 challenged in this writ petition are entirely without jurisdiction. He submits that the respondent no.2, who has passed the order dated 10.10.2021, is not the Registrar of the Societies, and has no authority to constitute the enquiry committee at all. In fact, according to Mr. Baruah, even the Registrar of Societies is not statutorily empowered to enter into an enquiry with regard to the internal management and Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12256/2021 Page 3 of 4 functioning of the petitioner societies.
6. The respondents are directed to disclose in the affidavit to be filed by them, the authority under which the impugned orders have been passed. In the meanwhile, having regard to the order dated 07.10.2021, which expressly records the consent of the petitioners herein to the representation of the respondent No.5 herein being decided by the respondent no.2, I do not consider it appropriate to stay the enquiry proceedings. However, it is made clear that the enquiry is required to be concluded in a time bound manner as stated above, and the enquiry report be placed before the Court. The order to be passed by the enquiry committee will naturally consider the submissions of the parties with regard to the jurisdiction and scope of the enquiry also. Any further action taken pursuant to the enquiry committee report will be subject to the result of the writ petition. In the event, the parties wish to be heard before the enquiry committee through counsel, they may request the committee and the committee will consider the same, in accordance with law.
7. As far as the elections of the petitioners are concerned, they were scheduled to be held on 10.10.2021 and 17.10.2021. As those dates have already passed, no interim order is required in this regard at this stage.
8. Counter affidavits be filed within three weeks. Rejoinders thereto, if any, may be filed within one week thereafter.
9. List on 14.12.2021.
PRATEEK JALAN, J OCTOBER 28, 2021 'vp' Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12256/2021 Page 4 of 4