IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 747 of 2011 (O&M) Date of Decision: April 26, 2011 Resident Welfare Association, Housing Board Colony, Sector 10A, Gurgaon (Regd.) …Appellant Versus Registrar Firms and Societies Haryana and others …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE T.P.S. MANN T.P.S. MANN T.P.S. MANN T.P.S. MANN Present: Mr. Lokesh Sinhal, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. M.M. M.M. M.M. KUMAR KUMAR KUMAR KUMAR, J.J.J.J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 21.3.2011 rendered by the learned Single Judge holding that the appellant has alternative remedy before another forum to settle dispute regarding election of the office bearers, as is provided by Section 24 of the Societies Registration Act, 1860 as amended in 2007 (for brevity, 'the Act'). The learned Single Judge has quoted Section 24 to conclude as under:- " Even if the submissions made on behalf of the petitioners are accepted, this Section would clearly show that mechanism to settle the dispute regarding election of the office bearers is provided. There is an LPA No. 747 of 2011 (O&M) 2 authority prescribed under the Act to whom a reference can be made by the Registrar or by atleast 1/4th Members of the Society, who would then hear and decide in a summary manner any doubt or dispute in respect of election or continuation in office of office bearers of such Society. Even the election of an office bearer can be set-aside by the prescribed authority, if it is satisfied that a corrupt practice has been committed, nomination has been improperly rejected; the result of election in so far as it concern to such office bearer has materially affected by improper acceptance of any nomination etc. Even corrupt practice is also defined in this Section. As per the explanation, the State Government may prescribe the procedure for hearing and decision on doubt or dispute in respect of such election. The Registrar is also entitled to call a meeting of a general body of the Society. Thus, a complete procedure is prescribed in the Act to decide the dispute in regard to election of the office bearers. The complete mechanism having been so provided in the Act, the election or a dispute regarding election can certainly not be called in question by invoking writ jurisdiction." 2. It has come on record that the election of the appellant Association were held earlier on 28.3.2010, which was found to be questionable. Accordingly, the District Registrar Firms and Societies, Gurgaon-respondent No. 2 issued a letter LPA No. 747 of 2011 (O&M) 3 dated 31.8.2010 (P-8), deciding to conduct fresh elections of the Resident Welfare Association as per the certified bye-laws of the Association. The order dated 31.8.2010 was replied by the appellant on 22.9.2010 (P-9). However, the fresh election was held on 9.1.2011. The appellant firstly filed a suit which was dismissed as withdrawn on 28.2.2011. There is no permission granted by the Court to avail any other remedy. The filing of the writ petition by the appellant, in fact, is misuse of the process of the Court, as has been held by a Division Bench of this Court in the case of Darshan Singh Darshan Singh Darshan Singh Darshan Singh v. v. v. v. State of Punjab State of Punjab State of Punjab State of Punjab, 1999 (1) RSJ 730 , 1999 (1) RSJ 730 , 1999 (1) RSJ 730 , 1999 (1) RSJ 730. Therefore, we are of the view that the instant appeal is wholly without substance. 3. As a sequel to the above discussion we find no ground to admit the appeal and the same is accordingly dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (T.P.S. MANN) (T.P.S. MANN) (T.P.S. MANN) (T.P.S. MANN) April 2 April 2 April 2 April 26, , , , 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor