The High Court
Case Details
THE HIGH COURT OF MEGHALAYA WP(C)[SH]88/2012 1. 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. Shri Shiv Kumar Agarwala S/o (L) Rukmananad Mandawewala of Garikhana, Shillong. Shri Sitaram Agarwalla S/o (L) Nandlal Ghoriwalla of Qualapatty, Shillong. …Petitioners -VERSUS- The State of Meghalaya Represented by the Commissioner and Secretary, Registration, Shillong. The Registrar of Societies, Govt. of Meghalaya, East Khasi Hills District, Shillong. Shree Rajasthan Vishram Bhavan, Represented by its Secretary Executive Committee, Lukier Road, Shillong, Meghalaya.
Legal Reasoning
Shri Umesh Chandghotia President of Shri Rajasthan Vishram Bhavan. Shri Bimal Bajaj Vice President of Shree Rajasthan Vishram Bhavan. Shri Ram Gopal Ruthala, Joint Secretary of Shree Rajasthan Vishram Bhavan. Shri Om Prakash Agarwalla Executive Member, Shree Rajasthan Vishram Bhavan. Shri Gauri Sharma Executive Member, Shree Rajasthan Vishram bahvan. Shri Gauri Sankar Choudhury Executive Member, Shree Rajasthan Vishram Bhavan. 10. Shri Narendra Prarik Executive Member, Shree Rajasthan Vishram Bhavan. 11. Shri Sunil Agarwalla Executive Member, Shree Rajasthan Vishram Bhavan. 12. Shri Prakash Matolia Executive Member, Shree Rajasthan Vishram Bhavan. 13. Shri Murari Lal Choukhani Executive Member, Shree Rajasthan Vishram Bhavan. All of Shree Rajasthan Vishram Bhavanm, Lukier Road, Shillong, Meghalaya. ….Respondents THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH BEFORE For the petitioner For the respondents Date of hearing Date of Judgment - - - - - - - - Mr. AS Siddiqui, Adv. Mr.R.Kar, Adv Ms. SA Pandit, Adv Mr.N.D.Chullai, Sr. GA. Mr. MF Qureshi Ms, K. Chisa 1-7-2013 1-7-2013 JUDGMENT AND ORDER (ORAL)AL)AL)AL) JUDGMENT AND ORDER (OR JUDGMENT AND ORDER (OR JUDGMENT AND ORDER (OR Mr. M.D.Sangma, learned counsel on behalf of Mr. A.S.Siddiqui who was in this courtroom about 15 minutes ago prays for adjournment of this case because of the non-availability of the Senior counsel for arguing this case. In the peculiar facts and circumstances of this case, the court is not inclined to grant the prayer for adjournment. Heard Mr. N.D.Chullai, learned Sr. Govt. Advocate appearing for the official respondents. 2. At the very outset of the hearing of the present, Mr. N.D.Chullai, learned Sr. Govt. Advocate appearing for the official respondents strenuously contended that this writ petition has become infructuous. This court, keeping in view of the submission made by Mr.N.D.Chullai, learned Sr. Govt. Advocate, is taking up this case. 3. For deciding the matter in issue in the present writ petition, it is not required to delve deep in the factual matrix leading to the filing of the 2 present writ petition. Accordingly, a short fact leading to the filing of the writ petition is recapitulated. The relief sought for in the present writ petition are: 1. for a direction to the respondent No. 1 and 2 to take appropriate legal actions against the private respondents No.4-13 as per law so as to ensure that they do not participate in the election of the Shree Rajasthan Vishram Bhawan, Shillong and 2. also not to allow them to remain as office bearers of the Bhawan. 4. The present writ petition is also accompanied with a Misc. application being Misc.Case No.(SH)121/2012 for passing an interim order restraining the respondent No.4 -13 from participating in the ensuing election of the Shree Rajasthan Vishram Bhawan, Shillong in pursuance of the notification for holding the election on 15-4-2012. This court, instead of passing the interim order, passed an order dated 13-4-2012 in the Misc.Case No. (SH) 121/2012 that the interim order will be considered on the next returnable date. As per record, no interim order was passed on the returnable date also. 5. The respondent No.3, i.e., Shree Rajasthan Vishram Bhawan is a Society registered under the Meghalaya Societies Registration Act 1983 and it was established by the Members of the Marwari Committee of Shillong in the year 1956 for charitable purposes, providing community hall for arranging marriage and other social functions by the members of the Marwari Community and also for providing lodging facilities at cheaper rate and even free of cost to the poor and needy. 6. Under the constitution of respondent No.3, there are eleven members of the Executive Committee of the Society who will be elected for a term of two years and also there will be the following office bearers: (1) President (2)Vice President (3) Secretary (4) Assistant Secretary (5) Sanitation Officer. 7. It is the case of the petitioner that the petitioner No.1 was once elected as Secretary in the year 1999 for a period of two years. In the present writ petition, in compliance with section 16 and 17 of the Meghalaya Societies Registration Act 1983, the Executive Committee of the Shree Rajasthan Vishram Bhawan, Shillong is bound to hold the annual general 3 meeting and place the accounts and reports of its working before the General Body for perusal and discussion. 8. It is also further alleged that respondent No. 4-13 had failed to convey the annual general meeting and place the accounts before the General Body thereby keeping the general members in the dark about the management of the property and the fund of Shree Rajasthan Vishram Bhawan, Shillong. 9. The general members of Shree Rajasthan Vishram Bhawan, Shillong as well as Marwari residents of Shillong held a meeting on 27-11-2011 at M.J.Tower, Shillong to discuss the matters connected with the management and the enrolment of new members in the Vishram Bhavan prior to holding of the election and resolved to submit a memorandum to the respondent No.3 and 4 for appropriate action. 10. The memorandum filed before the respondent No.3 and 4 ended as cropper and hence the said memorandum was not fruitful. Petitioner submitted an application dated 27-3-2013 under the Right to Information Act for copies of the accounts and reports and also the information regarding the submission of the same. 11.
Decision
It is stated in Para No. 16 of the writ petition that with a view to retain their grip, i.e. (respondent No. 4-13) over the management of Shree Rajasthan Vishram Bhawan, Shillong, the respondent No.3 have circulated a notice notifying that the election to Shree Rajasthan Vishram Bhawan, Shillong would be held on 15-4-2012 without even enrolling fresh members and without providing the petitioners as well as the existing members to know the accounts and reports on the functioning of the Bhawan. 12. It is also stated that respondent No. 4-13 are disqualified to participate in the election of the Shree Rajasthan Vishram Bhawan, Shillong as they have violated the clear mandate of law and as such respondent No. 4-13 should not be re-elected and their continuance as office bearers of the Bhawan will be illegal. 13. Private respondents filed a joint affidavit-in-opposition wherein it is stated that the petitioner No.1 was elected as Secretary in the year 1999 for a period of two years. Thereafter, he continued as Secretary of Shree Rajasthan Vishram Bhawan, Shillong illegally without holding the elections of Shree Rajasthan Vishram Bhawan, Shillong even after expiry of his term. It is alleged in the joint affidavit-in-opposition that w.e.f 1999 till 4-11-2007, there was gross mis-management and defalcation of funds and the petitioner wanted to continue as Secretary of the Bhawan, and to have permanent control over the management of the Bhawan. 4 14. In para No.9 of the joint affidavit-in-opposition, the private respondents emphatically stated that the petitioner filed the present writ petition with an ulterior motive to disturb the election of the Shree Rajasthan Vishram Bhawan, Shillong which was to be held on 15th April, 2012. However, consequent upon the refusal of this court to grant stay to the said election of the Shree Rajasthan Vishram Bhawan, Shillong, a free and fair election of Shree Rajasthan Vishram Bhawan, Shillong was held on 15th day of April, 2012 and new office bearers and members were elected for the smooth functioning of the Bhawan for a period of two years. In view of the subsequent development, the present writ petition has become infructuous. 15. The prayer sought for in the present writ petition is for a direction to respondent No. 1 and 2 to take appropriate actions against the respondents No. 4-13 as per law so as to ensure that they do not participate in the election to Shree Rajasthan Vishram Bhawan, Shillong. As no interim order was granted in the present writ petition, the election of the office bearer of Shree Rajasthan Vishram Bhawan, Shillong had already been held on 15th April, 2012 and new office bearers had already been elected. This fact as stated above, is clearly mentioned in the joint affidavit-in-opposition filed by the private respondents. However, petitioner did not file any rejoinder. This being the position, it is clear as per the record and also from the submission of Mr. N.D.Chullai, learned Sr.Govt. Advocate appearing for respondent No.1 and 2 that election had already been held. 16. In the above factual backdrop, this court has now already come to the conclusion that this writ petition is infructuous. However, it is made clear that it is left to the wisdom of the petitioner to approach the appropriate authority for taking the steps against the respondent No. 3-14 for the alleged mis-appropriation of fund of the respondent No.3. 17. This writ petition is disposed of as infructuous with the above directions. S.Rynjah. JUDGE 5