Himachal Pradesh High Court
Sood Sabha vs State Of Himachal Pradesh And Ors on 18 September, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 6426 of 2023
Date of Decision: 18.9.2023
_____________________________________________________________________
Sood Sabha
.........Petitioner
Versus
State of Himachal Pradesh and Ors.
of
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner:
rt Mr. Janesh Mahajan, Advocate.
For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C. Verma, Additional Advocates General
with Mr. Ravi Chauhan, Deputy Advocate
General.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Being aggrieved and dissatisfied with order dated 21.8.2023 passed by the Registrar of Societies, Himachal Pradesh, Shimla at Kasumpti (Annexure P-7), whereby representation having been filed by the petitioner pursuant to directions contained in judgment dated 5.7.2023, passed by the Coordinate Bench of this Court in CWP No. 4309 of 2020, came to be dismissed, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein to set-aside aforesaid order and issue direction to the respondents to decide the representation on its own merits.
::: Downloaded on - 18/09/2023 20:34:54 :::CIS -2-2. Precisely, the grouse of the petitioner, as has been .
highlighted in the petition and further canvassed by learned counsel for the petitioner is that once coordinate Bench of this Court vide order dated 5.7.2023 (Annexure P-3), had specifically directed the Registrar Cooperative Societies to decide the representation dated 11.7.2021, moved by the petitioner in accordance with law, there was no occasion of for him to reject the same on the ground that similar representation filed by some other members of the society stands rejected vide order rt dated 24.6.2019, which was further upheld by the Secretary (Cooperation) in the appeal filed by that member.
3. Precisely, the facts of the case as emerge from the record are that in the year, 2017, an application came to be filed by the then Managing Committee of Sood Sabha, Shimla, for amendment in bye-
laws. In the year, 2018 respondent department issued certificate of Registration 2006, however, some of the members of the society preferred complaint to the respondent department. In the year, 2019, respondent department dismissed the complaint filed by its members.
Though appeal was filed in the competent court of law, but same was also dismissed in the year, 2020. In the year, 2020, members namely Ashwani Sood and others filed CWP No. 4309 of 2020, praying therein for following reliefs:
"I. This court may be pleased to quash and set aside Annexure P-1: the order of dismissal of Appeal preferred by the petitioner along with one another u/s 51 (1) (a) of the Himachal Pradesh ::: Downloaded on - 18/09/2023 20:34:54 :::CIS -3- Societies Registration Act 2006 passed by the Ld. Secretary (Cooperation) to the Government of Himachal Pradesh dated 4 .
January 2020 whereby the Secretary (Cooperation) has confirmed the Order passed by the Registrar Cooperative Societies dated 24.06.2019 whereby the Registrar had dismissed the petition under section 42 of the Himachal Pradesh Societies registration Act 2006 in consequence setting aside the order of the Registrar dated 24.06.2019.
of ii. The Honorable court may be pleased to issue directions to the Respondent no 3 Registrar, HP Cooperative Societies and direct the Registrar to ensure that respondent Sood Sabha functions strictly in accordance with the provisions of HP rt Societies Registration Act 2006 and bring its bye laws in tune with the provisions of the act within a Time Bound manner.
iii. The Honorable court may be pleased to order a time bound comprehensive enquiry into the actions of the Sabha taken in between May 2018 to July 2020 and all such actions found to be without the mandate of the HP Societies Registration Act 2006 by the enquiring officer /agency to be declared null and void.
iv. The Honorable court may be pleased to order a suitable action to be taken against the guilty persons under the law for their acts of fraud and misrepresentation. v. The Honorable court may be pleased to quash and set aside the order issued by the Ld. Registrar granting certificate of Registration dated 12.2.2018 (Annexure P-11) may very kindly be ordered to be recalled/rescinded/revoked/annulled same being a result of fraud and misrepresentation of facts. vi. That the elections held on 27.05.2018 and the results declared on 3rd June 2018 may very kindly be declared null and void being held under illegal bye laws."::: Downloaded on - 18/09/2023 20:34:54 :::CIS -4-
However, before case, as detailed herein above, could be heard and .
decided on its own merits, learned counsel appearing for both the parties jointly submitted before the court that so far as the reliefs claimed in respect of election held on 27.5.2018 are concerned, same have rendered infructuous on account of the fact that tenure of the office bearers has come an end. Since petitioners in the aforesaid writ of petition had laid challenge to the elections held on 27.5.2018 inter alia on the strength of amendments carried out in the memorandum of rt Association of Sood Sabha Shimla and approved vide No. 1165 of 2018 dated 12.2.2018, petitioner herein-respondent No.8 in those proceedings, apprised the court that it has also moved representation dated 11.7.2021 to the Registrar Cooperative Societies for cancellation of such amendments, but no action is being taken. In the aforesaid background, coordinate Bench of this Court vide judgment dated 5.7.2023 specifically directed the Registrar Cooperative Societies to decide the representation dated 11.7.2021 in accordance with law, preferably within four weeks. Though in terms of the aforesaid order, passed by the coordinate Bench of this Court, respondent No.3 decided the representation, but interestingly, instead of deciding the same on its own merits, aforesaid authority rejected the same on the premise that similar representation filed by the some of the members of the society stands decided vide order dated 24.6.2022, which order has been further upheld by the Registrar (Cooperation) in the appeal.
::: Downloaded on - 18/09/2023 20:34:54 :::CIS -5-4. Mr. Vishal Panwar, leraned Additional Advocate General .
while supporting the order passed by the Registrar (Cooperative Societies) vehemently argued that since in representation dated 11.7.2021, which was ordered to be decided by the coordinate Bench of this Court, similar objections, which otherwise stood disposed of vide order dated 26.6.2019, passed by the Registrar Cooperation, were of sought to be raised, no illegality can be said to have been committed by respondent No.3 while passing order impugned in the instant rt proceedings, however, having carefully perused judgment dated 5.7.2023, passed by the coordinate Bench of this Court in CWP No. 4309 of 2020 vis-à-vis order dated 21.8.2023, laid challenge in the instant proceedings, this Court finds merit in the contention of Mr. Janesh Mahajan, learned counsel for the petitioner that representation dated 11.7.2021, filed by the petitioner, praying therein for cancellation of amendments was required to be decided afresh.
Once this Court had already taken cognizance of the order dated 24.6.2019, passed by the Registrar and had specifically directed him to decide the representation dated 11.7.2021, it ought to have decided the same afresh in accordance with law. Since earlier representation, which subsequently came to be disposed of vide order dated 24.6.2019, was filed by some of the members and thereafter, specific statement was made by the petitioner in the earlier proceedings that it has also moved a representation dated 11.7.2021, for cancellation of ::: Downloaded on - 18/09/2023 20:34:54 :::CIS -6- such amendments that too on the ground that careful perusal of .
record nowhere speaks about proposal/resolution, if any, ever came to be made/passed on behalf of the petitioner-society for amendment.
Order impugned in the instant proceedings if perused in its entirety, nowhere suggests that Registrar Cooperative Societies made an endeavor, if any to decide the representation dated 11.7.2021, filed by of the petitioner afresh without being influenced by its earlier order passed on 24.6.2019. Needless to say, at the time of passing of order rt dated 24.6.2019, Registrar Cooperative Societies had no occasion to go through the representation of the society, which actually were in control of the records of the society. Petitioner society while fling representation categorically informed the aforesaid authority that after having scanned the entire record it has not been able to find out proposal /resolution, if any, moved by the then society for amendment. If it is so, petitioner society is justified in making representation that once no proposal /resolution was ever made for amendment, how such amendments could be approved by the authority concerned.
5. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, same is allowed and impugned order dated 21.8.2023 (Annexure P-7) is quashed and set-
aside with direction to the aforesaid authority to decide the representation dated 11.7.2021, afresh in accordance with law, ::: Downloaded on - 18/09/2023 20:34:54 :::CIS -7- expeditiously, preferably, within four weeks. Needless to say, .
authority concerned while doing the needful, in terms of the instant order, shall afford an opportunity of hearing to the petitioner as well as other stake holders so that controversy is settled for all times to come.
Authority concerned while exercising aforesaid job, shall not be influenced by its earlier order dated 24.6.2019, which has otherwise of lost its efficacy after passing of order dated 5.7.2023, passed by this Court in earlier writ petition No. 4309/2020. In the aforesaid terms, rt present petition is disposed of alongwith pending applications, if any.
September 18, 2023 (Sandeep Sharma)
manjit Judge
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