[Cites 3, Cited by 0]
Uttarakhand High Court
March 13 vs State Of Uttarakhand & Ors on 13 March, 2026
2026:UHC:1695-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (M/B) No.155 of 2026
March 13, 2026
Sukh Dev Singh & Ors. ----Petitioners
Versus
State of Uttarakhand & Ors. ----Respondents
--------------------------------------------------------------
Presence:-
Mr. Navneet Kaushik, learned counsel for the petitioners
Mr. Amarendra Pratap Singh, learned Additional Advocate General with Mr.
Yogesh Chandra Tiwari, learned Standing Counsel for the State.
JUDGMENT :
(per Mr. Manoj Kumar Gupta C. J.)
1. The present petition is directed against an
order dated 09.05.2024 passed by respondent no.3-
Deputy Registrar, Societies, Firms and Chits, Udham
Singh Nagar, District Udham Singh Nagar/Chief Treasury
Officer, District Udham Singh Nagar, by which list of office
bearers of a registered Society named Gurudwara
Prabandhak Committee, Shri Nanakmatta Sahib,
Nanakmatta, Udham Singh Nagar, Uttarakhand has been
registered, exercising power u/s 4 of the Societies
Registration Act, 1860 (for short, the Act). Petitioners
have further prayed for quashing of the list of office
bearers registered by respondent no.3. A further prayer
has been made for quashing the order dated 31.08.2007
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issued by respondent no.1, whereby the State
Government has decentralized the powers conferred on
the Registrar under the Act.
2. The facts, in brief, are that the petitioners
claim that they are members of the aforesaid Society.
Petitioner no.2 claims that he was elected as President
and one Smt. Kamlesh Kaur as Vice President in the
meeting dated 06.04.2022 held for electing the office
bearers of the Committee of Management of the Society.
It seems that petitioner no.2 was suspected to be
involved in murder of a Jatthedar at Karsewa Shri
Nanakmatta Sahib, on basis of which Case Crime
No.83/2024 u/s 302, 120-B and Section 37 IPC was
registered. Petitioner no.2 is a named accused out of five
accused persons. In wake of the same, petitioner no.2
tendered resignation from the post of President on
16.04.2024. His resignation was accepted in meeting of
the Prabandhak Committee held on 05.05.2024.
3. The case of the petitioner no.2 is that even
before the meeting of the office bearers and Directors of
Prabandhak Committee was held on 05.05.2024, he by
means of an application dated 02.05.2024, withdrew his
resignation. It is also the case of petitioner no.2 that
respondent no.6, the General Secretary, illegally called
the meeting dated 05.05.2024, although the Acting
President on 27.04.2024, had sought written opinion by
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way of affidavit from all the elected Directors on the
resignation of petitioner no.2. It is also alleged that on
05.05.2024, there was no agenda for filling up the post of
President, but respondent no.7 got himself elected
illegally. On basis of resolution passed in the meeting of
the Directors dated 05.05.2024, a new list of office
bearers was submitted and wherein respondent no.7 was
shown as President. The said list of office bearers has
been registered by respondent no.3 on 09.05.2024. On
12.05.2024, petitioner no.2 made a representation to
respondent no.3 stating that meeting dated 05.05.2024
was illegal and thereafter the subsequent action dated
11.05.2024, expelling him from membership of the
Society, is also illegal. Respondent no.3, according to the
petitioners, has taken cognizance of the said complaint
and has sought explanation of respondent nos.6 and 7. It
is admitted that so far the Deputy Registrar has not taken
any decision on the aspect of alleged illegal expulsion of
petitioner no.2 from membership of the Society.
4. The grievance in the present petition is both in
respect of alleged illegal acceptance of the resignation
submitted by petitioner no.2 and his expulsion from the
membership of the Society on 11.05.2024.
5. The admitted case of the petitioner no.2 is that
he tendered resignation on 16.04.2024. It is also not
disputed that in the meeting dated 05.05.2024 the
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resignation was accepted, although petitioner no.2
alleges that the meeting dated 05.05.2024 was illegally
held and also that respondent no.7 was wrongly elected
in the said meeting.
6. The dispute which has thus been raised in the
present petition is regarding right of petitioner no.2 to
continue in office as President of the Society. It is a
dispute regarding continuance in office of office bearer of
a Society. The said dispute clearly falls within the purview
of Section 25(1) of the Societies Registration Act, 1860.
In view of availability of the said remedy under the Act,
we are not inclined to examine the same in exercise of
writ jurisdiction, particularly when it involves disputed
questions of facts and appreciation of evidence.
7. As regards the expulsion of petitioner no.2
from membership of the Society, admittedly, respondent
no.3, taking notice of the representation made by
petitioner no.2, has already sought explanation from
respondent nos.6 and 7 and so far no final decision has
been taken, therefore, we desist from expressing any
opinion on the said issue. We, however, direct respondent
no.3 to take appropriate decision in relation to the
alleged expulsion of petitioner no.2 from membership of
the Society on basis of show cause notice stated to have
been issued by him, after hearing petitioner no.2 and all
other affected parties, strictly in accordance with law.
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8. As regards challenge extended by the
petitioners to order of respondent no.1 dated
31.08.2007, whereby powers of Registrar have been
decentralized, we are of the opinion that validity of the
said order is not required to be examined in the present
proceedings, as respondent no.3 has merely registered
the list of office bearers. There is no adjudication by
respondent no.3 while registering the list.
9. As already observed, in case the petitioner
no.2 is aggrieved by outcome of the meeting in which his
resignation was accepted and election of respondent no.7
in his place, it is open to him to approach the Prescribed
Authority u/s 25 of the Act.
10. With the aforesaid observations and directions,
present petition is disposed of.
11. Pending applications, if any, also stand
disposed of accordingly.
(MANOJ KUMAR GUPTA, C. J.)
(SUBHASH UPADHYAY, J.)
Dated: 13.03.2026
Rajni
RAJINI
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GUSAIN
postalCode=263001, st=UTTARAKHAND,
serialNumber=8D039BC77BD1A2222B4DF4F
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878BD8, cn=RAJINI GUSAIN
Date: 2026.03.16 16:41:39 +05'30'
