Manipur High Court
P. Ranakumar Singh & Anr vs State Of Manipur & 2 Ors on 11 November, 2024
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
LAISHRA Digitally signed
by LAISHRAM
M DHAKESHORI
DEVI
DHAKESH Date:
2024.11.11
ORI DEVI 14:39:53 +05'30'
Item No. 2-3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 783 of 2024
P. Ranakumar Singh & anr. ...Petitioner/s
Vs.
State of Manipur & 2 ors. ...Respondent/s
With MC(WP(C)) No. 689 of 2024
-B E F O R E-
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 11.11.2024 Heard Mr. N. Ibotombi, learned senior counsel assisted by Mrs. N. Savitri, learned counsel appearing for the petitioners. [2] Issue notice, returnable within four weeks. [3] Mr. Th. Vashum, learned GA entered appearance and accepts notice on behalf of all the respondents and hence, no formal notice is called for.
[4] It has been submitted by Mr. N. Ibotombi, learned senior counsel appearing for the petitioners that on expiry of the earlier term of the Managing Committee of the Padma Ratna English School, Kakching, the petitioner's society held a special General Body meeting on 21-07-2024 and in the said General Body meeting, a new Page 1 of 5 Managing Committee was elected. Thereafter, the proceeding of the said special General Body meeting was sent to the concerned authorities of the government as required under section 17 of the Manipur Societies Registration Act.
[5] It has been further submitted that subsequently, the newly elected Managing committee members held its meeting on 17- 08-2024 and the proceeding of the said meeting was also sent to the Deputy Registrar of Societies, Kakching as required under section 17 of the Manipur Societies Registration Act. However, the Deputy Registrar of Societies, Kakching returned the proceeding of the Special General Body meeting as well as the proceeding of the meeting of the Managing Committee on the ground that a writ petition being WP(C)No. 265 of 2024 is still pending before this Court for final disposal.
[6] The learned senior counsel appearing for the petitioners submitted that under section 17 of the Manipur Societies Registration Act, there is no requirement of obtaining approval of the Registrar of Societies and that what the provision of Section 17 mandated is that the proceeding and the elected members of the Page 2 of 5 Managing Committee should be notified to the Registrar of Societies. The learned counsel accordingly, submitted that the act of the respondents in returning the said proceedings of the special General Body meeting and the proceeding of the Managing Committee is arbitrary and an interference of this Court is called for. The learned counsel accordingly prays for passing an interim order for allowing the newly elected Managing Committee members of the Padma Ratna English School, Kakching be allowed to look after the affairs of the said school during the pendency of this writ petition. [7] Mr. Th. Vashum, learned GA appearing for the respondents raised an objection on the ground that the terms of the earlier Managing Committee of the said school is yet to expire and that the election of the members of the earlier Managing Committee is in dispute and the same is pending before this Court under WP(C) No. 265 of 2024. To substantiate this argument, the learned GA draws the attention of this Court to the letter dated 25-03-2022 of the Deputy Registrar of Societies, Kakching, wherein it is specifically mentioned that the earlier Managing Committee members of the school was for a term of three years and that the said meeting was Page 3 of 5 held on 03-02-2022. It is accordingly, clear that the terms of the earlier Managing Committee is yet to expire. The learned GA accordingly submitted that since, the dispute about the earlier Managing Committee is still pending before this Court, no interim order may be passed.
[8] In response to the submission made by the learned GA, Mr. N. Ibotombi, learned senior counsel submitted that the letter dated 25-03-2022 of the Deputy Registrar of Societies, Kakching approving the election of the earlier Managing Committee was for a terms of three years starting from 2021 to 2024 as clearly reflected in the proceeding of the General Body meeting held on 03-02-2022 and as such the term of the earlier Managing Committee has already expired. Moreover, it has been submitted by the learned senior counsel that it is not the case of the respondents that the terms of the earlier Managing Committed is yet to be expired. [9] I have heard at length the submission advanced by the learned counsel appearing for the parties and also carefully perused the materials available on record.
Page 4 of 5 [10] On perusal of the proceeding of the earlier General Body meeting held on 03-02-2022, it is clearly mentioned that the term of the earlier General Body meeting was for a period from 2021 to 2024 and as such, there is merit in the submission advanced by the counsel appearing on behalf of the petitioner. This Court is of the considered view that since a managing committee is required to look after the day to day affairs of the school in the general interest of the students, it will be in the interest of justice to pass an interim order. Accordingly, it is hereby directed that the Managing Committee of the Padma Ratna English School which were elected in the special General Body meeting held on 21-07-2024 and 17-08-2024 shall be allowed to continue until further orders.
[11] Since, the respondents are yet to file counter affidavits, liberty is given to them to approach this Court for modification or vacation of the interim order even before the next date of hearing.
[12] List these cases again on 18-12-2024.
JUDGE
Dhakeshori
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