District Registrar Cannot Declare Collegium Election Invalid Without Statutory Authority; Filing of Election List Is Mere Intimation: Punjab & Haryana High Court

Case Name: Jat Education Society v. State of Haryana & Others

Date of Judgment: 01.05.2026

Citation: CWP-13018-2026

Bench: Hon’ble Mr. Justice Jagmohan Bansal

Held: The Punjab & Haryana High Court held that the District Registrar has no statutory authority under the Haryana Registration and Regulation of Societies Act, 2012 to approve or invalidate the election of a Collegium member. Section 30(3) merely requires filing of the list of elected members as an intimation, and approval cannot be read into the provision. The Court further held that a pending reference before the State Registrar cannot stall the functioning of a society or the election of its Governing Body.

Summary: The petitioner-society challenged an order of Maharishi Dayanand University keeping the election process of the Governing Body of its aided colleges in abeyance on the ground that the District Registrar had not approved the bye-election of Collegium No. 30, conducted after the death of one of its members.

The Society contended that it had lawfully conducted the bye-election and duly submitted the list of the elected member to the District Registrar within the prescribed period. It argued that the District Registrar lacked statutory authority to declare the election invalid and that the University was unnecessarily delaying the constitution of the Governing Body by raising untenable objections.

The State defended its action by asserting that the District Registrar had referred the matter to the State Registrar under Section 40 of the Haryana Registration and Regulation of Societies Act, 2012, on account of doubts regarding the election, and therefore the election could not be treated as approved.

Examining Sections 30, 33 and 40 of the 2012 Act, the High Court drew a clear distinction between “filing” and “approval.” The Court observed that while Section 33(5) expressly requires approval of the Governing Body by the District Registrar before its tenure commences, Section 30(3) merely obligates a society to file the list of elected Collegium members. Reading an approval requirement into Section 30 would amount to adding words to the statute, which neither the executive nor the Court is permitted to do.

The Court emphasized that filing of the list of Collegium members is an administrative and informative exercise, whereas approval of the Governing Body is a substantive statutory function specifically provided under the Act. It held that the District Registrar’s power under Section 40 is confined to making a reference to the State Registrar where doubts arise regarding an election and does not extend to declaring the election valid or invalid.

The Court further noted that the petitioner-society had 105 Collegiums, of which 104 undisputedly existed and only one election was under challenge. It observed that accepting the respondents’ contention would create administrative chaos by preventing institutions from constituting Governing Bodies indefinitely whenever a single Collegium election is questioned.

Recognizing the practical necessity of institutional governance, the Court held that the presence of 104 Collegium members constituted a sufficient quorum for conducting elections of the Governing Body. It also expressed concern that the Society had remained without a Governing Body for over six months due to the acts and omissions of the University and the District Registrar, observing that public institutions cannot be left in a state of paralysis because of avoidable procedural objections.

Decision: The High Court set aside the impugned communication staying the election process and directed the University to fully cooperate in conducting the elections. It clarified that the elected member of Collegium No. 30 shall be permitted to participate until the reference under Section 40 is adjudicated by the State Registrar. The Court also warned that if the University or the District Registrar creates unnecessary obstacles in the election process, a serious view would be taken against the concerned officials. The Society was directed to hold elections on, with the University Observer remaining present for allotment of symbols.