BALWANT SINGH Vs. REGISTRAR OF FIRMS AND SOCIETIES, PUNJAB
LAWS(P&H)-2013-7-12
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 01,2013

BALWANT SINGH,SURINDER SINGH,Pal Singh And Others,Jaspal Singh And Others Appellant
VERSUS
Registrar Of Firms And Societies, Punjab,Registrar Of Firms And Societies Respondents

JUDGEMENT

RAJIV NARAIN RAINA, J. - (1.) LEARNED counsel for the parties are agreed that since common questions of fact and law are involved in the above noted 4 writ petitions, they may be heard and disposed of by a common judgment. The impugned orders are placed at different Annexure numbers in these cases. Facts have, however, been extracted from CWP No.21725 of 2010.
(2.) IN all these cases the petitioners have prayed for issuance of writ of certiorari quashing orders, Annexure P-7 and P-8, dated 24.11.2010 and the order dated 27.12.2010 (Annexure P-10 in CWP No.3514 of 2011) passed by the Registrar of Firms and Societies, Punjab, Chandigarh, with respect to the elections to the College Council, Nakodar, District Jalandhar, a private society registered under the Societies Registration Act, 1860, which elections were held under directives issued by the Supreme Court vide order dated 12.04.2010 passed in Civil Appeal No.3400-3401 of 2006. The first impugned order dated 24.11.2010 (Annexure P-5) has rejected the case of four members of the Society as not being eligible to take part in the elections to the managing committee of the Society. Their right to vote in the election of the College Council has been rejected. By the second impugned order dated 24.11.2010 (Annexure P-6), the claim of 102 land donors claimants has been considered. The second type of claimants are those, who after the death of the land donor have been issued certificate by the College Council accepting them as nominees of the deceased land donor members. The third kind of claimants are those, who claim to be nominees of the deceased land donor but have not been issued any certificate by the College Council of being member. It is not disputed that there is no elected managing committee of the College Council in position. A temporary committee was constituted under Court orders to carry out the day to day work of the College till the elections are held to the managing committee. The Registrar has held that the first and second category are eligible but the third category who do not have certificate of acceptance as members, are not eligible to vote. 14 members from the above two categories have been identified as being eligible to vote. The third order passed on the same day relates to 144 claimants qua life members/patrons/donor and representatives of members. 19 such members have been found eligible to vote under the provisions of the constitution of the College Council, 1969.
(3.) THE fourth order dated 27.12.2010 impugned in this petition has been passed by the Registrar pursuant to the orders dated 13.12.2010 passed by this Court in CWP No.21903 of 2010, in which a complaint was made for quashing certain orders including the orders dated 24.11.2010 impugned in this petition as being non-speaking and not disclosing reasons for declaring aggrieved persons ineligible to cast their votes. It has however been directed that the election may be held as per the notified schedule but subject to the final outcome of the pending proceedings.;


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