Jagjit Singh v. State Of Haryna And ORS

CWP-17565-2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-17565-2020 Date of Decision: 26.10.2020 JAGJIT SINGH ....PETITIONER

VERSUS

STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANT PARKASH Present : Mr. Jagjeet Beniwal, Advocate, for the petitioner.

Mr. Amit Aggarwal, DAG, Haryana **** SANT PARKASH J.(Oral) (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) By way of filing the present writ petition, the petitioner has sought a writ in the nature of mandamus seeking direction to the respondents to start the election process of Jat Education Society, Hisar, of which, the petitioner is a member having membership No.1431 of respondent No.5. The tenure of the elected executive body of the Society has expired on 11.05.2020 and as per by-laws the executive body was duty bound to initiate the election process 45 days prior to the completion of tenure. However, on account of the lockdown, respondent No.2 vide its order dated 08.07.2020 ordered that the last elected governing body was allowed to function as Adhoc Committee of the society till the lockdown period was over.

SONIKA 2020.10.27 15:01 I attest to the accuracy and authenticity of this document Chandigarh

CWP-17565-2020 --2-- The main grievance of the petitioner is that the Adhoc Committee, in violation of order dated 08.07.2020 (P-1), advertised the vacancies in the Society vide advertisement published in The Pioneer Newspaper on 02.10.2020 (P-2).

Notice of motion.

At this stage, Mr. Amit Aggarwal, DAG, Haryana accepts notice. From the file, it is evidently crystal clear that the petitioner had made representation dated 29.09.2020 (P-3) to the Registrar, Firm and Societies for conducting the elections of respondent No.5-Society. Admittedly, no decision has been taken by the concerned authority. Learned counsel for the petitioner submits that he would be satisfied, if direction is issued to respondents No.2 and 3 to decide representation (Annexure P-3) moved by the petitioner, in a time-bound manner.

Having heard learned counsel for the parties and after perusing the paper-book, but without commenting on merits of the case, instant petition is disposed of with a direction to respondents No.2 and 3, to decide representation (P-3) within a period of four weeks from the date of receipt of certified copy of this order. However, in the meantime, the adhoc committee would continue with the process of selection in view of advertisement (P-2) but the final result will not be declared. (SANT PARKASH) October 26, 2020 JUDGE sonika whether speaking/reasoned: Yes/No whether reportable:

Yes/No SONIKA 2020.10.27 15:01 I attest to the accuracy and authenticity of this document Chandigarh