Judgment:
CWP No.12020 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12020 of 2014 Date of decision: 16.6.2014 Dr.
R.K.Saini and ors...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE HARINDER SINGH SIDHU Present: Mr.HaRs.Kinra, Advocate for the petitioneRs.Mr.Raja Sharma, AAG, Haryana.
**** HARINDER SINGH SIDHU, J.
(Oral) The present petition has been filed under Articles 226 and 227 of the Constitution of India to quash the voter list of members of Saini Education Society (Regd.).Rohtak (Annexure P-13).Learned counsel fairly concedes that Section 39 of The Haryana Registration and Regulation of Societies Act, 2012 (hereinafter referred to as the Act) contains provisions for dealing with grievances of persons with regard to non-inclusion or wrongful inclusion of any member, in the list of membeRs.Learned counsel for the petitioners further state that he has already filed a representation with respondent No.3 which has been sent for Mohan Brij 2014.06.17 16:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.12020 of 2014 -2- comments to the respondent No.4 society.
He further submits that he be permitted to supplement the said representation by filing a supplementary representation in that regard within a period of one week from today.
Pointed reference has been made to Sub-Section 6 of Section 39 of the Act wherein it has been provided that where a petition is filed before the District Registrar under Sub-Section (4) of above Act, the District Registrar shall, after fulfilment of the condition specified under Sub-Section (5).immediately hold the election process in abeyance and proceed to conduct an inquiry by himself or by an officer appointed by him in this behalf, for determining the list of eligible membeRs.Keeping in view the aforesaid provisions of the statute, the present petition is disposed of with a direction to respondent No.3 to decide the representation of the petitioner already submitted and, any, supplementary representation filed by the petitioner in accordance with the provisions of the Act.
Respondent No.3 is directed to decide the representation expeditiously and in any case within a period of six weeks from the date of receipt of copy of this order so that the election may not be delayed.
Copy of this order be supplied to the learned counsel for the parties under the signatures of the Special Secretary of this Court.
16.6.2014 (HARINDER SINGH SIDHU) Brij Judge Mohan Brij 2014.06.17 16:44 I attest to the accuracy and integrity of this document Chandigarh