Ravinder Ruhal And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-3266-2023 Date of Decision : April 22, 2025 RAVINDER RUHAL AND ANR.

-PETITIONERS V/S STATE OF HARYANA AND ORS.

-RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Chetan Mittal, Sr. Advocate with Mr. R.S. Randhawa, Advocate Ms. Rajinder Kaur, Advocate Ms. Tarranum Madan, Advocate and Mr. Abinav Kansal, Advocate for the petitioners.

Mr. Bhupender Singh, D.A.G., Haryana.

Mr. Raja Sharma, Advocate and Mr. Kamal Sharma, Advocate for the respondent No.8.

*** KULDEEP TIWARI, J. (ORAL) 1.

The prayer clothed in the present writ petition appertains to setting aside the order dated 31.01.2023 (Annexure P-6), whereby, the respondent No.3- District Registrar has dismissed the petition filed by the petitioner Punit Bansal and others, and, has revoked the stay order of election process. Moreover, the present writ petition also encloses a prayer for quashing the Bye-laws (Annexure P-9) on account of its being inconsistent and violative of the provisions of the Haryana Registration and Regulation of Societies Act, 2012, and, also of the Haryana Registration and Regulation of Societies Rules, 2012.

2.

Consequent upon issuance of notice upon the present writ petition, a reply was filed on behalf of the respondents No.2, 3 and 6. This reply embodies the following supervening events, which occurred post the filing of the present writ petition:- (i) the impugned order dated 31.01.2023 DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment

CWP-3266-2023 was assailed by the petitioners by filing a statutory appeal before the State Registrar also, however, the appeal was dismissed vide order dated 16.02.2023.

3.

Although the dismissal order dated 16.02.2023, as passed by the appellate authority/State Registrar, has not been assailed before this Court, yet a perusal thereof reveals that, it has been drawn merely on account of a reference given by the petitioner(s) regarding pendency of the present writ petition before this Court.

4.

The learned senior counsel for the petitioners and the learned counsel for the respondent No.8 are ad idem that, the appellate authority's dismissal order dated 16.02.2023 requires interference inasmuch as the maker thereof ought to have decided the issue enclosed in the appeal on merits, rather than dismissing the appeal being not maintainable. Consequently, with the consent of both the learned counsels for the contesting litigants, the order dated 16.02.2023 is set aside and the matter is remanded to the appellate authority/State Registrar for making a fresh decision on the appeal preferred by the petitioners, after giving due opportunity of hearing to all the parties concerned and following the principles of natural justice. The appeal shall be decided preferably within three months from today. Moreover, the interim order passed by this Court shall also remain in force till final decision of the appeal by the appellate authority.

5.

Disposed of accordingly.

(KULDEEP TIWARI) April 22, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment