Writ Petition (M/S) No. 1796 of 2015. Case: President, Sanwal Preparatory and Nursery School Nainital Vs State of Uttarakhand and Ors.. Uttarakhand High Court

Case NumberWrit Petition (M/S) No. 1796 of 2015
CounselFor Appellant: H.M. Raturi, Shiv Pande and Vikas Pandey, Advocates and For Respondents: Prabha Naithani, Brief Holder
JudgesSudhanshu Dhulia, J.
IssueProperty Law
Judgement DateJanuary 11, 2017
CourtUttarakhand High Court


Sudhanshu Dhulia, J.

1. The petitioner is a society by the name of Sanwal Preparatory and Nursery School, Nainital registered under the Societies Registration Act (from hereinafter referred to as "the Act"). As regarding the management, the following provisions are made in the by-laws of the society:-

"The Society shall, for the purposes of the Societies Registration Act XXI of 1860, be deemed to be the governing Body or "Managing Committee" and shall consist of eight members in the manner specified below:-

i) Two life members, namely Mr. P.E. Sanwal and Mr. N.R. Sanwal and after them the vacancy and vacancies shall be filled in by their descendants from generation to generation in order of seniority in age and generation.

ii) Two nominees of each of the aforesaid life members renewable from year to year, the total being four nominees (or nominated members) in all.

iii) The Principal or Head Master of the Institution or his/her representative from among the teachers of the Institution.

iv) Three other members."

2. One of the life members of the Society Mr. N.R. Sanwal passed away on 04.12.1997 and subsequently as per the by-laws of the Society, the descendant of Mr. N.R. Sanwal in terms of seniority was liable to be given membership. Since Mr. P.E. Sanwal, the other member was raising objections in violation of the terms and conditions of the by-laws, Ms. Punita Sanwal, wife of Mr. N.R. Sanwal moved an application before the Registrar Society under Section 25 of the Act and after adopting the due process, the Registrar came to the conclusion that the by-laws of the society are absolutely clear as to the induction of the descendant and subsequently has passed an order that member be included in accordance with the by-laws of the Society. This order has been presently challenged by the petitioner before this Court. The ground for challenge by the petitioner is that the Registrar does not have these powers.

3. The writ petition is being contended at the hands of State authorities and the private respondents.

4. Learned counsels for the respondents submit that wide powers have been given to the Registrar under Sections 22, 24 and 25 of the Act. Sections 22, 24 and 25 of the Act read as under:-

22. Power of Registrar to call for information.- (1) The Registrar may, by written order, require society to furnish in writing such information or document within such time, being ordinarily not less than two weeks from the date of receipt...

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