IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, J.
Anand Singh S/o Late Sh. Surajbhan Singh - Petitioner
Versus
The Registrar, Co-operative Societies, Rajasthan Jaipur and Ors. - Respondents
CIVIL WRIT PETITION NO. 14258 of 2015
Decided On : 24-11-2016
Registration of Societies Act, 1860 – Rajasthan Societies Registration Act, 1958 – Section 19 – Rajasthan Non-Government Educational Institution Act, 1989 – Section 2 – Article 14 and 9 – Rules of 1993 – Rule 13, 23 and 45 – Secretary and Treasurer – Education Department – Memorandum and rules & regulations – lifelong President and Vice lifelong – Secretary and Treasurer – According to clause 9 of constitution and article of association being patron members respectively lifelong President and Vice lifelong Vice-President of governing council of the society – Subsequently, by way of amendment clause was incorporated therein which provided that management of affairs of society shall be vested in Managing Committee consisting of not less than 11 and not more than 18 members including office member – President, Vice-President, Secretary, Assistant Secretary and Treasurer and Auditor shall be exofficio member of committee allegation of petitioner has been that despite incorporation of said Rules by Managing Committee election of Committee was not held in accordance with law in charge or member of society were involved in misuse of funds – Held, Grievance of respondent before Registrar, Cooperative Societies and before this Court has been that this election should have been conducted either as per procedure given in article of association or as per procedure given in Cooperative Societies Act, 1993 it is one part of the registration of societies i.e. Senior Secondary School which claimed at one point of time to receive grant-in-aid and given thereby but society having multi functional activities, therefore, upon overall consideration, it would be deemed in fitness of things that elections ought to be heeded as per constitution of society which is namely as per the provisions contained in articles of association. Conjoint reading of clauses 8, 10, 11, 12, 13, 14 and 15 of article of association indeed show that Managing Committee had to be elected by mechanism provided within article of association and not by an outside agency – Writ petition is accordingly disposed.
1. This writ petition has been filed by petitioner-Anand Singh inter alia with the prayer that the order dated 2.9.2015 passed by the Registrar, Cooperative Societies, Rajasthan, Jaipur (for short-`the Registrar’) be quashed and set aside. The Registrar by the aforesaid order has set aside the election to the Managing Committee of the SPR Saharia Education Society, Kaladera, Jaipur held on 10.6.2016.
2. SPR Saharia Education Society, Kaladera, Jaipur is a registered society under the provisions of Registration of Societies Act, 1860. It has its memorandum and rules & regulations. According to clause 9 of the constitution and article of association, Shri Kedar Nath Saharia and Smt. Kishori Devi Saharia being patron members, are respectively lifelong President and Vice lifelong Vice-President of the governing council of the society. Subsequently, by way of amendment clause 15A(1) was incorporated therein, which provided that the management of the affairs of the society shall be vested in the Managing Committee consisting of not less than 11 and not more than 18 members including office member. The President, Vice-President, Secretary, Assistant Secretary and Treasurer and Auditor shall be the exofficio member of the committee. The allegation of the petitioner has been that despite incorporation of the said Rules by the Managing Committee, election of the Committee was not held in accordance with law. Those incharge or the member of the society were involved in misuse of funds. There were several complaints with regard to irregularities in the conduct of the activities and embezzlement of the funds. The Education Department of the State Government, therefore, dissolved the managing committee and appointed administrator. However, the former office bearers of the society continue to manage its affairs and abuse the powers and misuse the funds of the society.
3. The Government by order dated 3.7.2009 dissolved the Management Committee and appointed SDM-Chomu as Administrator. The term of the Administrator was extended upto 3.10.2011 by order dated 21.7.2011 passed by the Deputy Secretary, Government, Education Department. The Administrator was directed to conduct the election of the Management Committee. The new Management Committee was thus constituted on 1.3.2011 by way of elections. The Administrator handed over charge to the newly elected Management Committee on 1.3.2011. In those circumstances, the lifelong President of the Society Shri Kedarnath Saharia, his wife Smt. Kishori Devi Saharia and Smt. Vijanti Pungalia filed a writ petition no.15045/2013 before this Court. Therein, it was alleged that the elections to the management committee were last held on 28.1.2005, which was not fair and proper. Even then the same management committee has been shown to have been elected again on the allegations of mismanagement, irregularities and embezzlement of sum of Rs.55 lacs against such committee. It was contended that in future, petitioners should be associated with the election and enquiry be made against members of management committee for embezzlement of the money.
4. This Court disposed off the aforementioned writ petition requiring the petitioners to approach the Registrar, Societies, Jaipur whenever the elections next take place, who shall ensure free and fair elections to be conducted. Petitioners were also required to invite attention of the said Registrar towards the alleged irregularities/illegalities committed by the management committee and embezzlement of the money. Petitioners on the basis of aforesaid judgement filed an application before the Registrar Cooperative Societies to conduct fresh elections on 18.6.2014. The Registrar directed them to submit application before the Registrar, Registration of Societies, who has power to deal with the matter. In these circumstances, they filed another application before the Registrar, Registration of the Societies on 5.1.2015. The Registrar by his order dated 22.5.2015, ap
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