Dinesh Kumar Bhardwaj And Others v. Director Industries And Commerce Cum Registrar General Of Societies Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-18675-2020 (O&M) Date of Decision: 05.11.2020 Dinesh Kumar Bhardwaj and others

...Petitioners

Vs.

Director of Industries and Commerce cum Registrar General of Societies Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Neeru Bansal, Advocate, for the petitioners.

Ms. Mamta Talwar, DAG, Haryana.

(Presence marked through video conference).

ARUN MONGA, J. ORAL Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing official No.4 to conduct free and fair elections in the society named Brahman Sabha, District Rewari in compliance of instructions dated 03.08.2018 (Annexure P-5), 09.08.2018 (Annexure P-6A) and 20.08.2018 (Annexure P-9) issued by respondents No.2 and 3. 2.

Learned counsel for the petitioners submits pleads that on 12.07.2015, Brahman Sabha, Rewari was constituted for a period of three years. President of the governing body of the society expired on 18.01.2017. Taking advantage, respondent No.5 illegally elected himself as Acting President. Thereafter, respondent No.5 approached the office of respondent No.3 with regard to approval of new governing body but respondent No.3 rightly raised several objections. In the premise, petitioners too filed representation dated 10.08.2018 (Annexure P-7) followed by another representation dated 22.10.2018, but till date no action has been taken thereon. Hence, the instant petition.

3.

Notice of motion.

SONU 2020.11.09 14:42 I attest to the accuracy and integrity of this document

4.

Ms. Mamta Talwar, DAG, Haryana, who has joined proceedings, on service of advance copy of petition, accepts notice on behalf of State of Haryana.

5.

Heard both the learned counsels. Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required. 6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the respondent no.1 to either himself objectively consider and decide the representation dated 10.08.2018 (Annexure P-7) by passing a speaking order, in accordance with law or assign the same to any other competent authority, as he may deem fit, for doing the needful, as aforesaid.

7. Petition stands disposed of accordingly. NOVEMBER 05 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No !

SONU 2020.11.09 14:42 I attest to the accuracy and integrity of this document