Amit Gupta v. The Registrar General Of Societies And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** Date of Decision: 25.03.2026 AMIT GUPTA

...Petitioner

Vs.

THE REGISTRAR GENERAL OF SOCIETIES AND OTHERS

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Vaibhav Narang, Advocate for the petitioner Ms. Svaneel Jaswal, Addl. A.G. Haryana Mr. Sandeep Verma, Advocate for respondent No.4 *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 25.02.2026 whereby Appeal No.641 of 2024 seeking exclusion of defaulting members from the voters list and stay of election process has been dismissed.

2.

Mr. Sandeep Verma, Advocate has filed Power of Attorney on behalf of respondent No.4. The same is taken on record. Registry is directed to tag the same at an appropriate place. 3.

Shree Sanatan Dharam Mandir Dal, Karnal is a society registered under Haryana Registration and Regulation of Societies Act, 2012. Election Schedule of Governing Body of the Society was declared on 18.05.2024 and voter list was published on 23.05.2024. On the publication of voter list, many members were in arrear of their annual

-2subscription. Their membership was liable to be suspended as per Clause 4 of the Society's Bye-Laws. The petitioner filed objection before District Registrar highlighting that defaulting members cannot be allowed to participate in the election process. The District Registrar vide order dated 11.07.2024 dismissed his petition. He filed appeal before the State Registrar which was also dismissed on 12.08.2024. He further filed appeal which came to be dismissed vide order dated 25.02.2026 by Registrar General of Societies.

4.

Learned counsel for the petitioner submits that as per Section 39(3), the day on which elections are notified, the Governing Board or adhoc body or administrator is required to publish list of members entitled to vote. It means the date on which elections are notified is relevant for the purpose of determination of eligible voters. The adhoc committee has notified election on 23.03.2026, thus, voter list of said date is relevant. If any member was in arrears on the said date, he was not entitled to vote.

5.

Learned counsel for the respondent No.4 does not dispute afore-stated legal position, however, submits that elections are already notified and petitioner wants to create as much hurdles as possible. 6.

Heard the arguments and perused the record.

7.

The petitioner is claiming that there are members who are in arrears still are named in the voter list. There are few voters who have not even filed membership form. The respondent is disputing aforesaid fact. As per respondent, there is no member who is in arrears or has not deposited membership form.

-38.

To resolve the aforesaid controversy, this Court finds it appropriate to direct District Registrar to examine list of members and status of membership fee paid by them. The relevant date for all intents and purposes would be 23.03.2026. The exercise would be completed within one week from today because elections are already notified. The petitioner within two days from today shall deposit Rs.25,000/- with District Registrar, Karnal. Ordered accordingly. 9.

Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE March 25, 2026 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No