- (1.) In CWP Nos. 12316 and 12262 of 2014 and CWP No. 16417 of 2014, in which notice has not yet been issued, the challenge is to the election programme, which was notified on 2.5.2014 for election of the office bearers. The challenge is on the ground that in terms of the provisions of the Haryana Societies Registration and Regulation Act 2012, and the Rules framed thereunder, notice has to be issued giving 45 days for submission of nominations and for other activities connected for successful completion of the election programme. According to the petitioners, the scheme of the Act is that from the date of the election of the collegium, the notice of election of the office bearers will have to provide for at least 45 days before the first process of election takes place. The grievance is that along with the election of the collegium on 15.6.2014, the schedule announced provided for filing of nominations for office bearers from 20.6.2014 and, therefore, it was inconsistent with the provisions of the Act and the Rules. The learned Senior counsel for the respondent would submit that all the office bearers other than Secretary were all elected unopposed and there is a contest only for the election of the Secretary. The executive members of the Society were all elected unopposed. The learned Senior counsel would further argue that the election to the post of Secretary has been notified to take place after 45 days now and, therefore, the petitioners' grievance is fully redressed.
(2.) In the original notice which is issued, a copy of which is filed as Annexure P/1, it is seen that it is composite form providing for election to the collegium as well as election to the office bearers. The mistake has arisen in assuming that 45 days which is required under the Act and the Rules for election of office bearers, could be made from the date when the notice is issued prescribing election programme for the election of collegium as well. If the election of the collegium had concluded on 15.6.2014, the 45 days must be computed only from the date of composition of the collegium and not from the date when the original election of the collegium was notified on 24.4.2014. To that extent the so-called election of all the office bearers unopposed cannot stand legal scrutiny. All the so called unopposed members will vacate their offices and a new election schedule will be prepared and released providing for 45 days notice from the date of issuance of notice. The election schedule shall be taken as election for all the office bearers including the governing body.
(3.) It is hereby clarified that there is no dispute about the election of the members of the collegium and the election will be held only for the office bearers and the executive members of the governing body. All the writ petitions stand disposed of in the above terms.;