The Uttarakhand High Court has said that the disputes of private bodies cannot be resolved under Article 226 while granting liberty to the petitioner to move to the appropriate forum for redressal of his grievance.
The petitioner, Suresh Chandra Upreti, has claimed to be a member of Uttarakhand State Primary Teachers Association, which is registered under the Societies Registration Act, 1860.
He submitted before the Court that in the last election for the State Working Committee of Uttarakhand State Primary Teachers Association, no delegates were elected from Udham Singh Nagar district; but, names of certain persons were inserted in the voter list in the election for State Working Committee, as delegates from Udham Singh Nagar.
The petitioner has submitted that registration of the aforesaid society has not been renewed since 2015 and this violates the bye-laws of the society.
The single bench of Justice Manoj K. Tiwari has observed that the dispute raised by the petitioner is regarding society, which is a private body registered under Societies Registration Act. For the very reason, this dispute cannot be resolved under Article 226 of the Constitution of India.
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Though, Court has further left the petitioner at liberty to make representation to Registrar, Firms, Societies and Chits, Dehradun/ respondent no. 4. and ordered the Registrar that if such representation is made within two weeks from the date of the order made, the same shall be considered by the Registrar and decision thereupon shall be taken, in accordance with the law, expeditiously, preferably within four months from the date of receipt of representation along with a certified copy of this order.