CWP No.8124 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 8124 of 2009 Date of Decision: 9 - 11 - 2010 Parmod Kumar and others ....Petitioners v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Atul Lakhanpal, Sr. Advocate with Mr.R.S.Chahal, Advocate for the petitioners. Ms.Kirti Singh, DAG, Haryana. Mr.Vikas Suri, Advocate for respondent No.4. Mr.P.K.Mutneja, Advocate and Mr.Sushil Jain, Advocate for respondent No.6. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Bhagwan Parshu Ram Ashram Sewa Samiti, Sector 7-A, Rohtak Road, Gohana was constituted as a Society to manage and run an Engineering and B.Ed. College. It is not in dispute that on 29.2.2004 the General House of the Society consisted of 197 members. Out of 197 members, 175 were donor members, 11 members were nominated by the Society and 11 members were CWP No.8124 of 2009 [2] representatives of Village Bali Brahman which has donated land to the Society. All these 197 members have the voting right to run the affairs of the Society. When the Society was constituted, Mange Ram Sharma was the President and Shamsher Sharma was the Secretary of the Society. It seems that thereafter some dispute arose between Mange Ram Sharma and Shamsher Sharma. Whether Shamsher Sharma resigned or not, is one bone of contention on which serious arguments have been advanced by both the sides. It is also an admitted fact that Shamsher Sharma lost the register and records of the Society. It is stated that thereafter Shamsher Sharma reconstructed the register and records of the Society, regarding validity of which there is a dispute. Another dispute between two warring factions is regarding new enrollment of the members of the Society. Shamsher Sharma had inducted 25 donor members, fact which is disputed, whereas Shamsher Sharma had taken a stand that list of 25 members was approved by the Managing Committee. But the matter of fact remains that enrollment of 25 members by Shamsher Sharma had not been approved by the General House of the Society. The faction led by Mange Ram Sharma had enrolled 76 members after taking Rs.51,000/- as donation from each member. Out of 76 members, 57 members have approached this Court in the present petition. Induction of 76 members by Mange Ram Sharma is disputed by the faction led by Shamsher Sharma. Above said being core disputes, accompanied by ancillary disputes, the election of the office bearers of the Society is held up and the present petitioners have demanded that fresh election be held and they be allowed to vote therein. Having noted the gist of discord, with the able assistance of counsel for the parties, this Court has been able to notice the following CWP No.8124 of 2009 [3] broad consensus arrived at between the parties:- (a) That as per the voters list existing on 29.2.2004 of 197 members, which includes 175 donor members, 22 members (11 nominated by the Society and 11 being representatives of the village), General House meeting should be held after following the procedure required for convening the meeting. (b) That list of 197 members shall be verified and authenticated by a retired Judge of this Court after hearing all concerned. (c) The above said 197 members in the General House meeting shall decide regarding membership of 25 members which were inducted by Shamsher Sharma. (d) In the same meeting the General House shall also decide regarding membership of 76 members which were later inducted by Mange Ram Sharma faction (now represented by his son). (e) After the General House passes a resolution regarding induction/rejection of members of 25 members made by Shamsher Sharma and 76 members inducted by Mange Ram Sharma, the list of members approved by the General House shall elect the office bearers of the Society in accordance with the provisions of law and Bye Laws of the Society. (f) Counsel for the parties have suggested and agreed to the name of Justice A.L.Bahri, a retired Judge of this Court to act as an Adjudicator for verification and authenticity of the list. Counsel for the parties have suggested that Rs.75,000/- be fixed as remuneration of the Adjudicator for verifying and authenticating the list of 197 members who will vote in the General House. It is further stated by counsel for the parties that a sum of Rs.25,000/- be paid to the Adjudicator for traveling and CWP No.8124 of 2009 [4] secretarial expenses. As agreed by counsel for the parties, Justice A.L.Bahri a retired Judge of this Court is appointed as an Adjudicator for verification and authenticity of the list. The Adjudicator shall decide the list after affording of opportunity of hearing to all concerned. (g) Counsel for the parties have further suggested and agreed that on the authenticated and verified list by the Adjudicator, in the General House meeting, two resolutions shall be put to vote. One containing the resolution regarding 25 members who were allegedly inducted by Shamsher Sharma and the other resolution regarding 76 members who were allegedly inducted by Mange Ram Sharma. It is stated that the above said lists of 25 members and 76 members contain two names which are common in both the lists. (h) It is further stated that meeting of the General House be presided by an independent person. It is suggested that meeting of the General House be presided by a senior counsel of this Court, who deals with election law matters and he be appointed as Chairman of the meeting of the General House in which resolutions are to be put to vote. Counsel for the parties have suggested the name of Shri Mohinderjit Singh Sethi, Senior Advocate to act as Chairman of the General House meeting. With the consent of parties, Shri Mohinderjit Singh Sethi, Senior Advocate is appointed as Chairman to convene the General House meeting. The Chairman so appointed after following the due procedure and Bye Laws/Constitution of the Society, shall fix meeting of the General House. It is stated that notice of the meeting should be published in a National Daily newspaper and notices be sent to individual members under postal certificate. Counsel for the parties have suggested that Rs.60,000/- be paid CWP No.8124 of 2009 [5] as remuneration to Shri Sethi along with Rs.20,000/- as secretarial and traveling expenses. After the resolutions are put to the General House, the Chairman of the General House meeting shall re-draw the list of members of the Society as per mandate of the General House. In view of the broad consensus noticed above, the present writ petition is disposed of by requesting the Adjudicator to verify and authenticate the original list of 197 members within one month from the date of receipt of a certified copy of this order. The Adjudicator shall take into consideration tenor of the order and broad consensus noted above. Thereafter, within two months Shri Sethi, proposed Chairman of the General House meeting shall convene a General House meeting of the Society and put the resolutions to vote and submit a report to the Registrar of Firms and Societies, Haryana. As stated earlier, the Chairman of the meeting shall act in consonance with the broad consensus and tenor of the order. Thereafter, the Registrar, Firms and Societies, Haryana shall make every effort that election of the Society is held within three months thereafter on the basis of list provided by the Chairman of the General House meeting. The Deputy Commissioner and Superintendent of Police, Sonepat shall provide all assistance to Shri Sethi, Chairman of the proposed General House meeting. Furthermore, the list of the members provided by the Chairman and approved by the Registrar, Firms and Societies shall supersede all the lists upon which any opinion has been given by any authority and shall constitute the voters for holding election of the office bearers of the Society. The expenses which have been agreed by counsel for the parties shall be paid to the Adjudicator and the Chairman from the CWP No.8124 of 2009 [6] accounts of the Society in advance. A Copy of this order be supplied to counsel for the parties on payment of usual charges. ( KANWALJIT SINGH AHLUWALIA ) November 9, 2010. JUDGE RC