Residents Welfare Association Huda Sector 43 Gurgaon v. The Registrar General Of Societies And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH *** CWP-16195-2026 Date of Decision: 27.05.2026 RESIDENT'S WELFARE ASSOCIATION, HUDA SECTOR 43, GURGAON

...Petitioner

Versus

THE REGISTRAR GENERAL OF SOCIETIES & OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Raghav Nagpal, Advocate (through V.C.) For petitioner Mr. Deepak Vashishth, DAG, Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of order dated 05.05.2026 (Annexure P-19) passed by State Registrar of Societies, Haryana along with orders dated 28.11.2025, 02.02.2026, 23.02.2026, 02.04.2026 and 29.04.2026 passed by District Registrar whereby its appeal and applications have been dismissed. It is further seeking direction to respondents to appoint an independent inquiry officer to review voter list as well as appoint unbiased returning officer to conduct fresh elections on the basis of voter list published by Sh. Sant Pal by excluding 76 members added fraudulently. It is

-2also seeking direction to respondent No.1 to decide appeal dated 18.05.2026 in a time bound manner.

2.

The petitioner is a registered resident welfare society. The Governing Body of the petitioner-Society vide letter dated 08.09.2025 requested respondent No.3-District Registrar to appoint a returning officer. Respondent No.3-District Registrar vide order dated 01.10.2025 appointed Sh. Sant Pal as Administrator-cum-Returning Officer for a period of three months to manage its affairs. The returning officer vide order dated 13.11.2025 published a list of verified voters. One Sh. Narendar Mehta filed petition dated 21.11.2025 before respondent No.3-District Registrar under Section 39(4) of Haryana Registration and Regulation of Societies Act, 2012 requesting change of the returning officer citing discrepancy in the voter list. The returning officer appointed by respondent No.3 vide letter dated 27.11.2025 tendered his resignation.

Respondent No.3-District Registrar vide order dated 28.11.2025 appointed Sh. Mahadev Sharma as Administrator-cum-Retuning Officer of the petitioner-Society. Sh. Mahadev Sharma vide order dated 15.01.2026 authorized himself to operate Society's bank accounts. Respondent No.3 vide order dated 23.12.2025 appointed Sh. Rajeev Nakra as inquiry officer to examine claims of Sh. Narendra Mehta qua membership. The inqury officer vide report dated recommended addition of 76 members without granting opportunity of hearing to the petitioner-Society. The respondent No.3 vide order dated 02.04.2026 freezing out elected body appointed Sh. Pratap Singh as Administrator of the petitioner-Society. The petitioner-Society filed petition dated 20.04.2026 before respondent No.

-3membership as well to keep the operation of voter list in abeyance. It preferred appeal before State Registrar due to inaction of respondent No.3District Registrar which was dismissed. 3.

Learned counsel for the petitioner submits that on the basis of report of Inquiry Officer, the Administrator at the behest of District Registrar added 76 new members. The Administrator or District Registrar had no power to add new members. The Society challenged action of District Registrar, however, State Registrar dismissed their appeal. The appeal was dismissed on 05.05.2026 and they preferred second appeal before Registrar General on 18.05.2026. The Administrator is going to conduct elections on 24.05.2026. If elections are held, the petitioner's appeal would become redundant. The tenure of present Governing Body is upto 26.08.2026. In such circumstances, it is not necessary to conduct elections on 24.05.2026. 4.

Learned State counsel submits that as per his instructions Registrar General would adjudicate petitioner's appeal within 3 weeks from today. The petitioner may be directed to appear before the Registrar General with a further direction not to seek adjournment. 5.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

6.

In the wake of statement of both sides, the petition stands disposed of with a direction to petitioner to appear before Registrar General on 04.06.2026 at 11:00 AM and thereafter as directed by said authority. The petitioner shall not seek adjournment. Till the adjudication of appeal by

-4Registrar General, the Administrator/Returning Officer shall not conduct elections.

7.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 27.05.2026 SDK Whether speaking/reasoned Yes/No Whether reportable Yes/No