Himachal Pradesh High Court
Shri Lalit Sharma And Another vs . The Secretary (Cooperation) To The on 26 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Shri Lalit Sharma and another Vs. The Secretary (Cooperation) to the Government of Himachal Pradesh and others CMP Nos.4383 & 4384 of 2023 in CWP No.1439 of 2019 26.04.2023 Present: Mr. Atul Jhingan, Advocate, for the non-applicants/ .
petitioners.
Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma & Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan & Mr. Arsh Rattan, Deputy Advocates General and Mr. Rajat Chauhan, Law Officer, for non-applicants/ respondents No.1 and 2-State.
Mr. K.D. Sood, Senior Advocate with Mr. Surinder Saklani and Mr. Het Ram Thakur, Advocates, for applicant/respondent No.3.
On 24.03.2023, this Court passed the following order:-
"Learned Deputy Advocate General has placed on record the instructions dated 23.03.2023 received from the Deputy Commissioner, Kangra at Dharamshala, H.P. It would be relevant to quote paragraph Nos. 7 to 10 thereof which read as under:
"7. In the meanwhile, Sh. Hari Krishan Sharma, President of the said society preferred a representation to the Deputy Registrar cum SDM Dehra that the election of the society has been conducted from time to time and the fresh notice of election is against the provision of law and also against the directions of Hon'ble High Court as the election of the said committee has already taken place on 30-08-2022. The SDM Dehra vide his letter bearing No. 22/PA dated 11-01-2023 sought necessary guidelines on the matter (Annexure F). The copy of the regulation No.79 of the society in question dated 30/08/2022.
8. As the matter and the contentions preferred by Shri Hari Krishan Sharma were related directly to the instructions of Hon'ble High Court, the matter was deliberated upon and the Deputy Registrar cum Sub Divisional Magistrate ::: Downloaded on - 26/04/2023 20:44:56 :::CIS :-2-:
Dehra was directed vide letter No. 199/HRC- Society dated 20-01-2023 to present the records of .
the case the very next day to this office (Annexure G).
9. On receipt of documents, it was found that a resolution of the society dated 30-08-2022 (Annexure H) mentioned of life time founder/ president which appeared to be a violation of the statutory provisions regarding elections and vide letter No.377/HRC Society dated 21-02-2023, the Deputy Registrar cum SDM Dehra was directed that the directions of Hon'ble High Court are clear and explicit qua holding of elections, if not already held and that the shortcomings pointed out and the documents be re-examined and compliance be ensured of the directions. (Copy of letter dated 21-
02-2023 is annexed as (Annexure I).
10. Vide letter No. 103/PA dated 03-03-2023 of the SDM Dehra, it was apprised that the Society had submitted another resolution No. 80 dated 07- 02-2023 in which the words 'life time present and founder' have been removed. (Copy of letter along with resolution dated 07-02-2023 is annexed as Annexure J). The same has been communicated to the Registrar Cooperative Societies, Himachal Pradesh (who was a party to the instant CWP) vide letter No. 543/HRC- Society dated 13-03-2023 (Annexure K)."
2. In the given facts and circumstances of the case, more particularly, the explanation offered by the Deputy Commissioner, Kangra at Dharamshala, we deem it appropriate to recall paragraph Nos.3 and 4 of the order dated 22.03.2023, wherein certain observations have been made against the Deputy Commissioner, Kangra at Dharamshala. 3. Now that the elections appear to have been held, the petitioners ::: Downloaded on - 26/04/2023 20:44:56 :::CIS :-3-:
have no business much less authority to retain the records of the society. They are directed to hand over .
the same to the Deputy Commissioner, Kangra at Dharamshala within one week from today. The applicant/respondent No.3 shall supply the list of the records so retained by the petitioners to facilitate the handing over of the same. However, it is made clear that in case the petitioners fail to hand over the records that too without any justifiable or plausible reason within the aforesaid time, then in addition to any other action that may be taken against the petitioners, they shall be liable to be prosecuted and punishable under the Contempts of Courts Act. The application stands disposed of."
2. Today learned counsel appearing for the non-
applicants/petitioners pleads no instructions. His statement is taken on record.
3. Since, the non-applicants/petitioners are required to comply with the aforesaid directions, as passed by this Court, therefore, let notices be issued to them calling upon their presence returnable for 24.05.2023 and also comply with the aforesaid order dated 24.03.2023.
4. List on 24.05.2023.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) Judge April 26, 2023 (Bhardwaj) ::: Downloaded on - 26/04/2023 20:44:56 :::CIS