- (1.) AKHIL Bhartiya Gurjar Vidya Pracharini Sabha, Saharanpur and Devraj Singh claiming himself to be its Secretary have filed this petition for quashing the proceedings held on 16th February, 2012 for electing the office bearers of the Society as also the order dated 19th March, 2012 passed by the Assistant Registrar, Firms, Societies and Chits, Saharanpur (hereinafter referred to as the 'Assistant Registrar') for registering the list of office bearers of the Society for the year 2011 -12. The petitioners have also sought the quashing of the order dated 17th June, 2013 by which the objections filed by the petitioners on 7th April, 2012 against the aforesaid order passed by the Assistant Registrar have been rejected and a further direction that has been sought is that the Assistant Registrar should pass a fresh order after taking into consideration the objections filed by the petitioners on 7th April, 2012.
(2.) IT is stated that the constitution of the Akhil Bhartiya Gurjar Vidya Pracharini Sabha, Rampur Maniharan, Saharanpur (hereinafter referred to as the 'Society'), which was registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), is provided in Part -II of the Bye -laws of the Society. Clause 6 contained in this Part -II stipulates that after they are declared elected, the President and the Secretary shall constitute the Executive Committee of the Society consisting of 51 members, out of which there will be five office bearers namely, the President, Vice -President, Secretary, Deputy Secretary and the Treasurer and forty -six members. The said Clause 6, which is in Hindi, is reproduced below: - xxx xxx xxx
(3.) PART -V of the Bye -laws of the Society deals with the election of the President and the Secretary. Clause 18 provides that the Election Officer shall declare the result of the President and the Secretary and Clause 20 provides that both the President and the Secretary shall declare the names of the remaining three office bearers and 46 members of the Executive Committee by consensus failing which, by lottery in the manner provided for in Clause 15. This Clause provides that in the event candidates secure equal number of votes, the Election Officer shall declare the result by lottery by keeping the chits of the candidates who have obtained equal number of votes in a box with a request to an independent person to pick up a chit so that the candidate whose chit remains in the box can be declared elected. Clauses 15, 18 and 20, which are in Hindi, are quoted below: - xxx xxx xxx It is further stated that respondent no.3 -Mahipal Singh was elected as the President and petitioner no.2 -Devraj Singh was elected as the Secretary in the election which was held on 16th October, 2011. The President of the Society claims that efforts were made to hold a joint meeting with the Secretary for constituting the Executive Committee of the Society but the Secretary did not cooperate, while the Secretary claims that the President did not cooperate for holding a joint meeting for this purpose. It is also asserted by the petitioners that on 16th February, 2012 respondent no.3 -Mahipal Singh alone, as President of the Executive Committee of the Society, submitted the list of the Executive Committee of the Society to the Assistant Registrar who directed for registration of the list office bearers by the order dated 19th March, 2012.;