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2008 Supreme(All) 2481

[2008(10) ADJ 485 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : PRADEEP KANT AND SHABIHUL HASNAIN, JJ.
JOKHAN LAL SINGH .............Appellant
Versus
DINESH SINGH AND ANOTHER .............Respondents
(Special Appeal Nos. 518, 519 and 520 of 2008,
decided on 15th November, 2008)

Headnote:Societies Registration Act, 1860—Section 3-A—Proceedings thereunder—For renewal of certificate of registration of Society—Has nothing to do with dispute in respect of election or continuance of office-bearers of Society—As such, Deputy Registrar in that proceedings cannot resolve such dispute of Society—His jurisdiction is confined to renewal of certificate only—If Deputy Registrar acts beyond his jurisdiction—His order is liable to be set aside—In the instant case, order was obtained by fraud practised upon Deputy Registrar—In fact, `R’, who applied for renewal, was not member of society—He was an outsider and stranger—Entire proceedings at his instance were fraudulent—Consequently, Deputy Registrar had jurisdiction to recall his order which were obtained from him fraudulently—High Court failed to look into this relevant issue—Its order, therefore, cannot be allowed to stand—Matter requires reconsideration afresh—Division Bench, in the meanwhile directed that affairs of Committee of Management of Institution shall be managed by D.I.O.S. or his nominee. [Paras 14 to 18, 20, 21 and 24]

       

JUDGMENT

Hon’ble Pradeep Kant, J.—These are three special appeals which arise out of three writ petitions decided by a common order dated 22.8.08.

2. Writ Petition No. 1446 (MS) of 2003 was filed by Committee of Management and Dinesh Singh, claiming himself to be Manager of the institution challenging the order passed by the Deputy Registrar, Societies, Firms and Chits, Faizabad dated 19.4.03; writ petition No. 2736 (MS) of 2002 was filed by Jokhan Lal Singh, the present appellant, challenging the order dated 7.8.2002 passed by the District Inspector of Schools, Sultanpur, by means of which he recalled the order dated 3.3.2002, by means of which the District Inspector of Schools had verified the signatures of Jokhan Lal Singh as Manager; and writ petition No. 533 (MS) of 2003 was also filed by Jokhan Lal Singh challenging the order dated 6.2.03 saying that at present there is no Manager in the institution and the Manager would be recognised only after the decision of the Registrar. In writ petition No. 2736 (MS) of 2002 filed by Jokhan Lal Singh, an interim order of stay was passed staying the order of recall dated 3.3.2002 by means of which verification of signatures of Jokhan Lal Singh done by the District Inspector of Schools was recalled.

3. So far the writ petition No. 533 (MS) of 2003 is concerned, the order dated 6.2.2003 under challenge in that writ petition was kept in abeyance by the Court vide order dated 18.2.2003 but later on Smt. Girja Singh, the then District Inspector of Schools was transferred and her successor complied with the order of this Court and allowed Jokhan Lal Singh to function as Manager of the institution. The writ petition filed by Jokhan Lal Singh against the order cancelling his verification of signatures and also putting the office of Manager in abeyance has been dismissed as infructuous by the learned Single Judge, in view of the fact that the writ petition filed by Dinesh Singh has been allowed and consequently he has been recognised as Manager.

4. The facts relevant for the purpose are as under :

A Society, namely, Jai Khaki Baba Vidyalaya was initially registered on 21.2.1981 through the then Manager Mahant Bahadur Singh but during the intermittent period, renewal of the Society could not be made and on 5.12.2006 in the general meeting of the Society, Mahant Bahadur Singh, the Manager, tendered his resignation, which was accepted. As a result of resignation of Mahant Bahadur Singh being accepted, the office of the Manager became vacant and, therefore, for looking after the work and affairs of the Society, a meeting was again held on 10.1.1997 under the Presidentship of Chandra Bhan Singh, wherein it was resolved that Dinesh Singh,, respondent No. 1 be allowed to function as Manager. Since Dinesh Singh admittedly was not a member of the general body of the Society, therefore, an objection was raised that he cannot be appointed as Manager. In these circumstances, it was decided that Dinesh Singh will deposit the membership fee and will get himself enrolled as member of the Society.

5. As per the case of the appellant, the respondent No. 1 never became a member of the general body, despite he being required to do so repeatedly in pursuance of the resolution dated 10.1.1997 but on the other hand, he submitted forged resignation letters of the members/office bearers for the years 1998-99, 1999-2000 and 2000-01 for getting the list of members of 2000-01 registered by the Registrar.

6. Further case is that because of the actions of the respondent No. 1 contrary to the interest of the institution and the fraudulent behaviour, he was removed from the office of the Manager, by means of a resolution dated 20.11.2001. On his removal from the office of the Manager, a general body meeting was held on 24.2.2002, in which Jokhan Lal Singh was elected as Manager of the Society, who applied for renewal of registration on 21.3.2002 before the Deputy Registrar, Faizabad and he also filed objections against the































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