Bittu Singla vs The State of Punjab and Others

Rajiv Narain Raina, J.—The petitioner prays for issuance of a mandamus to the 4th respondent - The Ahmedgarh Vidya Parcharak Sabha, a society registered under the Societies Registration Act to re-do the voters list. The petitioner claims that he is aggrieved by the arbitrary and capricious actions of the respondents in drawing up the voters list for elections to the Managing Committee of the society. The society runs three educational institutions in Ahmedgarh which receive grant-in-aid from the State Government. Grant-in-aid is made a ground to suggest that the State Government has deep and pervasive control over the working and functioning of the society and it would resultantly be amenable to writ jurisdiction. It is pleaded that the voter list of the Sabha has been drawn up by including fictitious and bogus persons who are not even residents of Ahmedgarh who have been made members of the society with a view to win elections. The petitioner had approached this Court by filing CWP No. 7661 of 2011 which was disposed of with a direction to the Sub Divisional Magistrate, Ahmedgarh, District Sangrur to decide the legal notice in accordance with law within the period time bound. As final decision on the legal notice was not taken, the petitioner filed COCP No. 1346 of 2011 complaining of non-compliance of the order of this Court dated 02.05.2011. On notice having been issued, the respondent-State entered appearance and filed an affidavit of compliance by producing a speaking order dated 28.07.2012 passed on the representation. Accordingly, the rule was discharged with liberty to the petitioner to seek an appropriate remedy against the order dated 28.07.2012. The SDM, Malerkotla in sum has held that the State has no business to interfere in matters of the Sabha. If bogus voters have been included in the voters list, the petitioner would remain free to move to the appropriate authority or the Civil Court for striking off names which are claimed to be bogus.

Since the 4th respondent is a society registered under the Societies Registration Act, its action would not be amenable to writ jurisdiction. There is no imprint of the State in drawing up the impugned voters list. If the petitioner has any grievance his remedy would lie before the Civil Court for breach of civil rights, if any, under the constitution of the society. The drawing up of a voters list remains in private law domain and merely because the institution run by the Sabha/Society receives Grant-in-aid, which is only a mode of funding by the State in discharge of and in delegation of its primary and Constitutional duty towards providing education for lack of its own infrastructure, would not per se make the Society amenable to writ jurisdiction of this Court without anything more. The law on the subject of maintainability of writ petitions against actions of managing committees of societies registered under the Societies Registration Act, 1860 has been explained threadbare long ago in the classic judgment of the Supreme Court in Executive Committee of Vaish Degree College, Shamli and Others Vs. Lakshmi Narain and Others, Nothing more needs to be or can be said. Accordingly, the writ petition is dismissed with the liberty to the petitioner to approach the local Civil Court exercising jurisdiction for redressing his grievance, or to approach any other forum that may exercise authority in the matter, if there is one.