S. Chandrashekhar, J. - (1.) Seeking a direction upon the Inspector General of Registration, Jharkhand to direct the Jharkhand State Cricket Association to grant recognition to the validly elected office bearers of the Latehar District Cricket Association, the present writ petition has been filed. Further prayers in the nature of interim direction upon the respondent -Jharkhand State Cricket Association (JSCA) not to interfere with the internal affairs of the Latehar District Cricket Association and for keeping in abeyance the recognition granted by the JSCA to the office bearers of the Latehar District Cricket Association have also been made in the writ petition. The petitioner -Latehar District Cricket Association asserts that JSCA is a legal entity registered under the Societies Registration Act, 1860 and in view of its functions having wide public ramifications, its activities are subject to judicial review under Article 226 of the Constitution of India. The elected term of the office bearers of the Latehar District Cricket Association was to lapse in the year 2013 and accordingly, the Secretary of LDCA convened a meeting on 12.6.2013. A decision was taken to call Annual General Meeting on 25.6.2013 for holding election for the Managing Committee for the period 2013 -17. One Mr. Pankaj Kumar Singh, the erstwhile President of LDCA, however, called AGM on 13.6.2013 and expelled 34 members of the LDCA. A complaint was made by 4 members to petitioner No. 2 objecting to their alleged absence in the meeting held on 13.6.2013. It is alleged that the said Mr. Pankaj Kumar Singh and others impersonated presence of other members in the AGM held on 13.6.2013. The Latehar District Cricket Association made representation dated 9.7.2013 to the Secretary, JSCA for taking steps in terms of Rules 12 & 28 and the bye -laws and the Memorandum of Association.
(2.) The petitioners contend that Sec. 23 of the Societies Registration Act, 1860 empowers the Inspector General of Registration to make enquiry into the activities of the Society, if subversive of the objects of the society, and to cancel its registration. The petitioners filed complaint case bearing No. 188/2013 in the Court of the C.J.M., Latehar on 31.7.2013 in which a direction was issued for institution of an FIR and accordingly, Latehar P.S. Case No. 123/2013 was registered on 5.8.2013. The petitioner No. 2 made representation dated 23.8.2013 disclosing illegal activities of the JSCA.
(3.) The narration of the events, as disclosed in the present writ petition, clearly discloses that the grievance of the petitioners is with respect to election for office bearers of the Managing Committee of the Latehar District Cricket Association. In the writ petition, the petitioners have made a prayer for a direction to the Inspector General of Registration, Jharkhand to direct the respondent -JSCA to grant recognition to the office bearers of the Latehar District Cricket Association, who were elected in the election held on 23.6.2013. Whether the persons who were allegedly elected in the election held on 23.6.2013 are the validly elected office bearers or not, is a question of fact, which can be decided only after evidences are led. The dispute between two parties with respect to validity of election of the office bearers for the Latehar District Cricket Association cannot be adjudicated in the writ petition. The powers conferred upon the Inspector General of Registration do not include a power to direct the respondent -JSCA to grant recognition to the alleged office bearers elected on 23.6.2013. The facts disclosed in the writ petition clearly indicate that the petitioners themselves have disputed the factum of election of the office bearers of the Latehar District Cricket Association, who were granted recognition by the respondent -JSCA. Consequently, the other prayers made in the writ petition also cannot be granted. In view of the facts disclosed in the present writ petition, which would disclose serious dispute between the members of the Latehar District Cricket Association, the appropriate remedy for the petitioners was to approach the Civil Court. Considering the aforesaid facts, I am not inclined to interfere in the matter and, accordingly, the writ petition is dismissed.;