Ima Ibema Khunthokhabi Thougal Marup & Anr. v. State of Manipur & 3 Ors.

Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioners, Mr. A. Vashum, learned Government Advocate appearing for the respondents No. 1 to 3 and Mr. N. Surendrajit, learned counsel appearing for the respondent No. 4. [2] The present writ petition had been filed assailing the letter dated

26.12.2020 of the Deputy Registrar of Societies, Imphal West as well as the order dated 31.12.2020 issued by the Deputy Registrar of Societies, Imphal West. [3] The case of the petitioners is that certain resolutions including the election of members of the Managing Committee of the Ima Ebema Khunthokhanbi Thougal Marup, Thangmeiband, Imphal (hereinafter referred to as the “organisation”) was adopted in a meeting held on 20.02.2016 and the said resolutions were approved by the Office of the Deputy Registrar of Societies, Imphal West under a letter dated 02.04.2016. According to the petitioners, the term of office of the said elected members is for a period of three years as provided under the bye-law of the organisation and accordingly, the term of office of the said newly elected members should W.P.(C) No. 3 of 2021 expire in the month of April, 2019. It has been submitted by Mr. Ajoy Pebam, learned counsel appearing for the petitioners that the earlier Secretary of the said organisation resigned from the post and accordingly, the Managing Committee of the organisation held a meeting on 27.01.2019 and adopted a resolution for election of one Shri M. Krishnamohan as the new Secretary of the Organization. According to the learned counsel, the office of the Deputy Registrar of Societies approved the said resolution only in the month of December, 2020 under a letter dated 11.12.2020, even though the election of the new Secretary was done during the tenure of the Managing Committee of the said Organization. Subsequently, the said Managing Committee took up the process for election of new Managing Committee and ultimately, a general body meeting of the said organization was held on 20.12.2020 and certain resolutions were taken for election of the members of the new Managing Committee of the said Organization and the same was submitted to the office of the Deputy Registrar of Societies, Imphal West. [4] It has been submitted by the learned counsel that the resolution adopted in the said general body meeting of the Organization held on

20.12.2020 was not accepted by the Deputy Registrar of Societies and such refusal was conveyed to them under a letter dated 26.12.2020. It has been submitted that reason for refusing to accept the proceedings of the said general body meeting was mainly on the ground that the term of office of the Executive/Managing Committee, which held the said general body meeting on 20.12.2020, have already expired and that the body has no legal right to convene such general body meeting. Accordingly, the Deputy Registrar of W.P.(C) No. 3 of 2021 Societies held that the proceeding of such general body meeting on

20.12.2020 was not valid. Subsequently, the said Deputy Registrar of Societies, Imphal West issued the impugned order dated 31.12.2020, thereby appointing officers of the Cooperative Department, Manipur as an independent body to convene a special general body meeting of the Organization in order to install a democratic form of management under the provisions of the Manipur Societies Registration Act, 1989 and rules framed thereunder to serve the Organization and general public as well. In the said order, the member of the Election Team appointed by the Deputy Registrar of Societies, Imphal West were directed to execute the following duties:- “(1) The convener is to collect the General members list available in the office of the undersigned in time. “(2) The convener is to collect annual membership renewal fee in respect of the members, if any defaulted as per approved Regulation of the Thougal Marup. “(3) Final eligible members/voters list of the Special General Body meeting which is to be convened by the Independent Election Team is to be published in time according to the election schedule/programme which is to be published/notified by the R.O. of the election. “(4) A Separate account of the Receipts and Expenditures is to be maintained properly and same is to be submitted/handed over to the newly elected Managing Committee of the Thougal Marup immediately after election is over. “(5) Notification for holding the said Special General Body meeting shall be published/notified in time and in proper ways in accordance to the provision of Regulation and Election Rules if any of the Thougal Marup and MSR Act 1989 and Rules 2004. “(6) The Returning Officer/Convener of the election is to submit the final report of all the procedures and processes in detail along with all documents to the undersigned within 7 (seven) days of the date of election. The Election Team is to take it very urgent and important”. W.P.(C) No. 3 of 2021 [5] The only ground raised by the counsel for the petitioners in assailing the said letter and impugned order is that if the authorities have approved in time the proceeding of the Managing Committee meeting held on 27.01.2019 for appointment of a new Secretary of the Organization, the Managing Committee could have hold the general body meeting in time, however, due to the lapses of the office of the Deputy Registrar of Societies, Imphal West in approving the appointment of the Secretary of the Organization, the election of the new office bearers of the said Organization could not be held in time. The learned counsel accordingly submitted that because of the lapses on the part of the authorities, the members of the Managing Committee could not held the general body meeting in time and accordingly, the decision of the Deputy Registrar of Societies, Imphal West to the effect that the general body meeting held on 20.12.2020 was not valid is unreasonable and arbitrary and accordingly, such decisions are liable to be quashed and set aside. [6] Mr. N. Surendrajit, learned counsel appearing for the respondent No. 4 submitted that on perusal of the impugned letter dated 26.12.2020 of the Deputy Registrar of Societies, Imphal West, it can be clearly seen that proceeding of the general body meeting held on 20.12.2020 was not accepted by the office of the Deputy Registrar of Societies, Imphal West on various grounds including the ground submitted by the learned counsel appearing for the petitioners. It has further been submitted by the learned counsel that another group of member of the said Organization numbering about 128 members hold a general body meeting and elected the new office bearer of the said Organization and the same was submitted to the office of W.P.(C) No. 3 of 2021 the Deputy Registrar of Societies, Imphal West for its approval and that in view of the submissions of two proceedings of the general body meeting of the same organisation for election of office bearer of the said Organization, the Deputy Registrar of Societies, Imphal West did not accept any of the said proceedings and taking into consideration the interest of the Organization in particular and interest of the public in general, the Deputy Registrar of Societies issued the impugned orders dated 31.12.2020 for holding an election to appoint the executive members of the said Organization in terms of the relevant Act and Rules. The learned counsel accordingly submitted that there is nothing wrong in the impugned order and the said order has been issued in the interest of the Organization and no interference is called for. Mr. A. Vashum, learned Government Advocate appearing for the State respondents endorsed the submissions advanced by Mr. N. Surendrajit. [7] After hearing the rival submissions of the learned counsel appearing for the parties and on careful examination of the records of the present case, this Court finds that it is an admitted position that the term of office of the Executive members of the said Organization which was approved on

02.04.2016 expired in the month of April, 2019 and they have no authority to hold a new general body meeting of the said Organization after expiry of the term of their office without obtaining approval of the authorities as contemplated under the Societies Registration Act and Rules and accordingly, this Court find that the Deputy Registrar of Societies, Imphal West rightly refused to accept and approved the proceedings of the general body meetings held by two groups of member of the said Organization and W.P.(C) No. 3 of 2021 this Court is not inclined to interfere with such decisions. This Court also find that the impugned order dated 31.12.2020 issued by the Deputy Registrar of Societies, Imphal West for holding an election as directed in the said impugned order suffers from no infirmity and it has been issued in the interest of the said Organization and general public. Accordingly, this Court is not inclined to interfere with the same. [8] In view of the above, the present writ petition is hereby dismissed as being devoid of merit. It is further made clear that the Deputy Registrar of Societies, Imphal West should ensure that the election of the Executive members of the said Organization is held within a period of 2 (two) months from the date of receipt of a copy of this order. It is further made clear that the Deputy Registrar of Societies, Imphal West is at liberty to constitute a new committee of officer for supervising the said election, if so advised. Earlier interim order stands vacated. Lhaineichong JUDGE W.P.(C) No. 3 of 2021