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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