Madhya Pradesh High Court
Mahendra Singh vs Shri Guru Singh Sabha Indore on 7 February, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 7th OF FEBRUARY, 2024
WRIT PETITION No. 2805 of 2024
BETWEEN:-
MAHENDRA SINGH S/O LATE SARDAR TRILOK
SINGH SALUJA, AGED ABOUT 58 YEARS,
1.
OCCUPATION: BUSINESS R/O 56 ADITYA NAGAR
VISHNUPURI INDORE (MADHYA PRADESH)
ANKIT S/O MAHENDRA SINGH SALJUJA, AGED
ABOUT 33 YEARS, OCCUPATION: BUSINESS 56,
2.
ADITYA NAGAR, VISHNUPURI, INDORE DIST.
INDORE (MADHYA PRADESH)
AMARJEET SINGH S/O LATE JAGAT SINGH
SALUJA, AGED ABOUT 62 YEARS, OCCUPATION:
3. BUSINESS 28/41, VEER SAVARKAR NAGAR,
PRAKASH AVENUE, INDORE DIST. INDORE
(MADHYA PRADESH)
PARAMJEET KAUR W/O AMARJEET SINGH
SALUJA, AGED ABOUT 57 YEARS, OCCUPATION:
4. HOUSEWIFE 28/41, VEER SAVARKAR NAGAR,
PRAKASH AVENUE, INDORE DIST. INDORE
(MADHYA PRADESH)
SUNNY S/O AMARJEET SINGH SALUJA, AGED
ABOUT 33 YEARS, OCCUPATION: BUSINESS 28/41,
5.
VEER SAVARKAR NAGAR, PRAKASH AVENUE,
INDORE DIST. INDORE (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI HARSHWARDHAN PATHAK, ADVOCATE)
AND
SHRI GURU SINGH SABHA INDORE THROUGH
ITS PRESIDENT 83 JAWAHAR MARG NIHALPURA
1.
GURUNANAK CHOWK INDORE (MADHYA
PRADESH)
2. REGISTRAR FIRMS AND SOCIETIES THROUGH
DEPUTY REGISTRAR 302, SATELLITE BHAWAN,
COLLECTOR OFFICE, INDORE (MADHYA
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 2/8/2024
6:46:16 PM
2
PRADESH)
ELECTION OFFICER, SHRI GURU SINGH SABHA
83, JAWAHAR MARG, NIHAKPURA GURUNANAK
3.
CHOWK, INDORE DIST. INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(Shri Kushal Goyal, learned G.A. for the State along with Shri
Bhagwandas Kuber, Assistant Registrar, Shri Vivek Patwa, learned
counsel for respondent No.3, Shri Gaurav Chhabra, learned
counsel for the intervener, Shri A.S. Kutumbale, learned senior
counsel with Shri Himanshu Joshi, learned counsel for the
intervener, Shri J.B. Mehta, learned counsel for respondent No.1 )
This petition coming on for admission this day, the court passed the
following:
ORDER
Heard finally with the consent of the parties.
1] This petition has been filed by the petitioners under Article 226 of the Constitution of India claiming themselves to be Sahajdhari Sikkha seeking the following reliefs:-
"(a) To allow this petition by issuing appropriate writ, order or direction to include the petitioners in the voting list of the elections of society.
(b) To say the proceedings of elections as the no schedule is published and schedule be published only after finalizing of the voters list.
(c) Any other relief which this court may deem fit in the interest of justice."
2] The grievance of the petitioners is that the election of the society have been declared to be held on 11/02/2024 and despite the petitioners name have not been included in the voter list and they have not been made member of ShriGuru Singh Sabha, Indore, the Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 3 election officer of the society is conducting the election which is contrary and unfair.
3] On the other hand, counsel for the respondents/intervener have submitted that the petitioners are not entitle to be the members of the society, being the Sahajdhari Sikkh, whereas as per the regulations of the society, only the Sikkh men and women would be eligible for being member of the society. It is also submitted that whether the petitioners can be the members of the society or not, is also a disputed question of fact and thus, the petition itself cannot be entertained on their behalf. A decision of Full Bench has also been relied upon by the counsel for the respondents rendered by the High Court of Allahabad in Special Appeal (D) No.589 of 2016 dated 16/12/2016 in the case of Committee of Management, Dadar Ashram Trust Society and others vs. Mahatma Gandhi Kashi Vidyapeeth, Varanasi and others wherein it is held that no mandamus can be issued commanding the authorized Controller/District Magistrate, to hold election of office bearers of a society.
4] In rebuttal, counsel for the petitioner has also drawn the attention of this Court to a letter dated 10/01/2024 issued by the Assistant Registrar, Firms and Societies, Indore to Shri Guru Singh Sabha/society in which, it is also stated that certain complaints have been received in respect of the elections to be conducted in the society and thus, the Assistant Registrar has directed the society to conduct the election strictly in accordance with the rules of the Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 4 societies.
5] Counsel for the petitioner has also submitted that even as per Rule 20(e) of the regulations, it is provided that Sahajdhari Sikkha can also be a member of the society of any executive society provided that he does not consume kutha and tobacco. Counsel has also drawn the attention of this Court to the information received by the petitioners from Sukhmani Times who is entrusted with publishing voter list and as per the information received, the final voter list has still not been prepared, the authorization letter in favour of Sukhmani Times is also placed on record and as per the information received from Sukhmani Times dated 06/02/2024, as on 06/02/2024, the final voter list was not published. In support of his submissions, counsel has relied upon the decision rendered by the Full Bench of High Court of Panjab and Haryana at Chandigarh in CWP No.17771 of 2003 dated 20/12/2011 in the case of Sehajdhari Sikh Federation vs. Union of India and others.
6] Heard learned counsel for the parties and perused the documents filed on record.
7] So far as the regulations of the society are concerned, parties have relied upon the following regulations:-
**1 gj flD[k o L=h tks lHkk ds fu;eksa dks ekurk gS lHkk dk esEcj cu ldrk gSA vxj%& v- mej 18 lky ls de u gksA vk- de ls de 4 vkus lkykuk pank nsA b- xq:eq[kh fy[k i< ldrk gks ;k i<us dk iz.k djsA bZ- QkeZ ua-1 izfrKk i= ij nLr[kr djds vthZ nsA XXX 3- dk;Zdkfj.kh lHkk fdlh ,sls lTtu dk uke lHkk dh esEcjh ls tkWap Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 5 djds gVk ldrh gS tks& v- flD[k /keZ NksM+ ns ;k ifrr gks tk;A c- lHkk ds fu;eksa ds fo:) pysA c'krsZ fd dk;Zdkfj.kh lHkk dks lHkk dks vke lHkk dh eatwjh gkfly djuh gksxhA XXX 20- dk;Zdkfj.kh desVh dk esEcj oks lTtu gh gks ldrk gS tks& ¼v½ ds'k /kkjh gksdj ve`r /kkjh gks vkSj jfgr cfgr esa iDdk gksA ¼vk½ tks xq:eq[kh vPNh rjg ls fy[k i<+ ldrk gksA ¼b½ ftldh rjQ cxSj ;ksX; dkj.k ls dksbZ pUnk cdk;k u gksA ¼bZ½ lgt/kkjh flD[k Hkh esEcj gks ldrk gS] tks dwBk vkSj rEckdw bLrseky u djrk gksA ¼m½ tks esEcj cuus ds ckn ,d :i;k efguk pUnk nsA** 8] It is apparent that there is a dispute between the petitioners and the respondents regarding entry of the petitioners as the members of Shri Guru Singh Sabha society, although the respondents contention is that the petitioners can only be the members of the executive committee, in the considered opinion of this Court, the aforesaid facts are disputed question of facts and cannot be gone into while entertaining a writ petition under Article 226 of the Constitution of India. It is also disputed that whether the voter list is finally prepared or not as according to the Election Officer, it is prepared, whereas as per the petitioners and the documents filed therewith, it is not. The Assistant Registrar, Firms and Societies has also written to the society that the provisions of s.27 and 28 of Act of 1973 have not been complied with.
9] At this juncture, it would be germane to refer to decision rendered by a coordinate bench of this court, per Shri Arun Mishra, J. (as his lordship then was) Rameshwar Prasad Shukla v. State of M.P., 2003 SCC OnLine MP 189 : (2003) 4 MP LJ 121 at page Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 6 126 ) the relevant paras of which read as under:-
"16. Before I advert to various submissions raised at bar, it is clear that as per bye-laws of the society, it is the managing committee which is empowered to induct a new member; as provided in bye-law No. 6. In January, 2001, the new members submitted applications to respondent No. 6 Shiv Mohan Singh and he wrote on applications 'allowed'. It is clear that members were not inducted by 'managing committee' which is competent to induct new members. It is also pertinent to mention here that in so called meeting dated 9-3-2001 when election is said to be held for managing body except 3 old members all new members were invited, thus, it is clear that even 9 of members of existing managing committee were not issued any notice of meeting dated 9-3-2001 and as a matter of fact no meeting was held on 9-3-2001 as discussed hereinafter and even if it was held, it was totally an illegal act and cannot be said to be meeting in the eye of law.
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26. It is clear that in order A.23 Registrar has totally failed to carry out the directions issued by this Court in order (A.17) passed in W.P. No. 5653/2001 (Ambedkar Adarsh Shiksha Samity v. State of M.P.) on 5-2-2002.
27. This Court in the order A.17 dated 5-2-2002 observed thus:
"2. Petitioners submit that election was duly held of the Society in question; list was sent to the Registrar for making entry in the Register as per section 27 of M.P., Societies Registrikaran Adhiniyam, 1973. The names were not taken on record on the hypertechnical ground that the prescribed proforma was not signed by Shri Rameshwar Shukla. Learned counsel for the petitioners submits that further information should have been called as per proviso of section 27 of Adhiniyam and the list should have been taken on record. It is also the case of the petitioners that no election was conducted of the petitioners' society on 9-3-2001 as reflected in Annexure P. 14. The person, who claims to be elected as President, is not even the member of the Society. Learned counsel for the petitioners further submits that it is due to influence exercised by respondent Nos. 6 and 7 that these illegal actions have been taken; respondent Nos. 6 and 7 want to illegally usurp management of the society without being the members of the same. Central Government as per order dated 20th August, 2001 (Annexure P. 19) through its Ministry of Human Resources Development directed that there appears to be dispute as two persons are claiming to be President; no Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 7 major financial transaction of Jan Shikshan Sansthan should be done without approval of the Department.
3. The matter is to be decided by the Registrar under M.P. Societies Registrikaran Adhiniyam, 1973. The questions raised in the petition involve facts which are to be decided at the first instance by the Registrar after hearing the parties in expeditious manner. It goes without saying that Registrar has to pass order in accordance with law wholly uninfluenced by any person. Let, the Registrar decide the dispute within six weeks after first appearance of the parties before it. Parties are directed to appear before Registrar on 18th February, 2002. No fresh notice is necessary to be issued to the parties as the date is given in presence of the parties.
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33. With respect to the election held by the petitioners on 25-6- 2001 suffice to say that two parallel bodies were functioning. Dispute about membership was also existing and in the various documents subsequent to 25-6-2001 referred to above Shri Shiv Mohan, respondent No. 6 has been referred to as President, thus, the election proceedings submitted by the petitioner are also clouded and in my opinion it would be just and proper in the circumstances of the case to direct the Registrar to decide within six weeks from today the question as to the valid existing members of the society and let fresh elections be held on the basis of such a list within two months thereafter till then arrangement as order by Collector under Orders of Govt. of India shall be continued.
34. The impugned orders A.14, A.15 and A.23 are set aside. Registrar is directed to finalize the list of the existing members within six weeks from today after hearing the parties. The decision be rendered by the Registrar with respect to the valid and existing members and let fresh election be held. Let direction be carried out punctually. No order as to costs."
(emphasis supplied) 10] If the facts of the aforesaid case are applied to the dispute pending between the parties in the case on hand, this Court is of the considered opinion that the Registrar/Assistant Registrar of the Firms and Societies is competent enough to direct the respondents to prepare the voter list, and on an application filed by the petitioner u/s.11 of the Act of 1973, he can also decide the dispute between the Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM 8 parties regarding the entitlement of the petitioners to be inducted as the members of the society, and pass the appropriate orders.
11] In such circumstances, the writ petition is hereby disposed of with a direction to the Registrar/Deputy Registrar/Assistant Registrar of the Firms and Societies to ensure that the voter list is finalized, after hearing the parties and the decision rendered by the Registrar/Assistant Registrar of the Firms and Societies with respect to the existing and valid members and the election may be conducted as per the directions issued in this regard by the Assistant Registrar. The aforesaid exercise be completed within a period of two weeks. The election of the members shall be conducted soon after the decision is rendered by the Registrar/Assistant Registrar of the Firms and Societies with respect to the valid and existing members of the society.
12] With the aforesaid direction, the petition is disposed of. It is made clear that this Court has not reflected upon the merits of the case.
KHEMRAJ JOSHI Digitally signed by KHEMRAJ JOSHI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=BENCH AT INDORE, 2.5.4.20=571c44f7cbb7ee07a9b3c55327d2b9f3eae596f5ce329de92e1ba6932e95739f, postalCode=452001, st=Madhya Pradesh, serialNumber=080EA56BF123B335CD657584848C8D4B3BD43E26A3AD7F8498F855AE274076E4, cn=KHEMRAJ JOSHI Date: 2024.02.08 18:47:22 +05'30' Sd/-
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 2/8/2024 6:46:16 PM