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Judgment
Petitioner is the member of Executive Committee of Tripura Students Health Home, a registered society. He has challenged an order dated 30.05.2020 passed by the Registrar of Societies under which superseding the Executive Committee of the said society he has appointed one Shri Chandrasekhar Chattapaddaya as the Convener for reconstitution of the Executive Committee of the said society. One of the main grounds for passing the said order is that according to the Registrar of Societies, the Executive Committee had ceased to exist and it was not reconstituted.
Mr. T.D. Majumder, for the petitioner drew my attention to the bye-laws of the society and submitted that the Executive Committee is to be elected by the general body whose meeting is to be held once in two years. In other words, the tenure of the Executive Committee as per the bye-laws is two years. The present Executive Committee was elected by the general body on 30.05.2018 and the members resumed charge on 06.06.2018. On account of the coronavirus spread and the resultant lockdowns, the general body meeting of the society could not be conducted within two years thereafter.
Mr. Tanmay Debbarma, for the respondent No.4 society drew my attention to the affidavit-in-reply filed on behalf of the said respondent in which it is stated as under:
(v) As per bye-laws, the next Biennial General Body Meeting should have been held within 12.05.2020 to elect its Executive Committee afresh, but could not be organized due to sudden declaration of Lockdown for Covid-19 pandemic, imposition of restriction on gathering, programmes in halls/auditorium etc. by the Government under Disaster Management Act, 2005 and hence new Executive Committee could not be elected within 12.05.2020. This is an extra ordinary situation and as such committee was compelled to defer the Biennial General Body Meeting. Accordingly the TSHH keep informed the Registrar of Societies vide its letter No. F. 42 / TSHH / 2012/67, dated 19.05.2020, contained in Annexure 10 of the petition
(vi) Subsequently, the Executive Committee of the Society in its meeting held on 31-05-2020 authorized its Secretary to convene its Biennial General Body Meeting in consultation with its President to avoid spreading of pandemic as soon as restriction upon gathering is withdrawn by the Government vide Record Notes of the meeting of the Executive Committee held on 31-05-2020, contained in Annexure-11 of the petition.
(vii) The society is ready and willing to convene the Biennial General Body Meeting, maintaining required social distancing and giving 15 (fifteen days) clear days' Notice in accordance with its bye-laws to transact the business specified in section 5.A, and 6.a, 6.b&c in the bye-laws of the Society including election of Executive Committee and accordingly it has specified schedule of Biennial General Body Meeting, a copy of which is enclosed and is marked as Annexure A of the affidavit."
On 16.06.2020 Mr. A.K. Bhowmik, learned Advocate General appearing for the respondents No.1 and 2 had made the following statement:
"While Mr. A.K. Bhowmik, learned Advocate General has made an undertaking that in terms of the order No.F.2-2863 / RS/TRIP/ COOP / 97 /9905-08 dated 30.05.2020 (Annexure-12 to the writ petition), the officer who has been appointed for constitution of the executive committee of Tripura Students' Health Home" afresh in pursuance to the provision of section 6(a), 6(b) and 6(c) of bye-laws by convening General Meeting in consultation with members of the Society shall not take any action and he will not interfere with the affairs of the society."
At the request of the learned Advocate General, list the matter on 28th August, 2020. The statement made by the Advocate General recorded in the order dated 16.06.2020 is continued.
In view of the stand taken by the respondent No.4 society it is clarified that neither the pendency of the petition nor the interim formula pursuant to the statement of the Advocate General shall prevent the respondent No.4 society from convening the general body meeting and conducting the election for constitution of the new Executive Committee.