Dismissed

Kapoor Chand Nagpal and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC3 May 2013LPA/880/2013

Case brief

AI extract

What is this about?

This appeal challenged directions for holding an election only after concluding an enquiry against society members. The court held no bar exists under the Act but the Single Judge had ordered an order for order. Judgment dismissed.

What did the court decide?

The Letters Patent Appeal is dismissed with liberty to urge that election be held notwithstanding the enquiry outcome.

Kapoor Chand Nagpal and Ors. Vs State of Haryana and Ors. — Punjab & Haryana HC (2013) — LawSathi Research

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LPA No. 880 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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LPA No. 880 of 2013 (O&M)

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Date of decision: 03.05.2013

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Kapoor Chand Nagpal and others

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..... Appellants

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Versus

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State of Punjab and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR.JUSTICE R.P. NAGRATH

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PRESENT: Mr. Puneet Bali, Senior Advocate with Mr. Ranjit Saini, Advocate for the appellants.

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SURYA KANT, J. (ORAL)

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This Letters Patent Appeal is directed against an order dated 8.4.2013, whereby the learned Single Judge has issued certain directions in a matter pertaining to election of Executive Committee of Inder Bhan (Leiah) Bharti Educational Society, Panipat. The interim directions pertain to conclusion of an enquiry against the members of the Society in a time bound manner and thereafter to conduct the election under the supervision of the Administrator who has already take over the Society.

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The grievance of the appellants is that under Section 39 of the Haryana Registration and Regulation Societies Act, 2012 (for short-

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LPA No. 880 of 2013 -2-

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'the 2012 Act'), there is no bar against contesting of election of the Society only because some enquiry has been initiated against such member. It is urged that even if there is a finding of alleged financial irregularities in running the affairs of the society, still member cannot be deprived of participation in the election.

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After going through the order under appeal, we are of the view that the learned Single Judge has nowhere held that a member guilty of financial irregularities will not participate in the election. The learned Single Judge, has merely observed that it would be more graceful that firstly the enquiry should be concluded before the elections are held. Since the matter is listed before the learned Single Judge, for 1.7.2013, the appellants would be at liberty to urge that notwithstanding the outcome of the enquiry, election is required to be held as per law or that they be allowed to participate in the election.

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With liberty afore-mentioned, dismissed.

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( SURYA KANT ) JUDGE May 03, 2013 ( R.P. NAGRATH ) rishu JUDGE

Kapoor Chand Nagpal and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Kapoor Chand Nagpal and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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