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2009 Supreme(All) 750
[2009(5) ADJ 58 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : U.K. DHAON AND PRAKASH KRISHNA, JJ.
FAHIM AHMAD AND OTHERS ....Appellants
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Special Appeal No. 462 of 2006, decided on 5th March, 2009)
Counsel :
Anil Kumar Tiwari and Sanjay Kumar for the Petitioners; Altaf Mansoor and C.S.C. for the Respondents.
Headnote:(A) Election—Executive body—Muslim Association Kanpur—Bye-law provides, election of the members of office bearer will be for three years and such members could not be elected for more than two consecutive periods—Appellant elected as President on 25th June, 1993 and completed three years on 24th June, 1996—Since then no election was held—Direction issued by Court to Deputy Registrar to hold election—In pursuance of Court's order, election was notified by Deputy Registrar, Firms, Societies and Chits Kanpur Region, Kanpur finalising the electoral list after providing opportunity of hearing to the parties—Hence it would not be proper for the Registrar, Firms, Societies and Chits to interfere with election process. [Paras 15, 24 and 27]
(B) Constitution of India, 1950—Article 226—Election—Exercising of power under Article 226—Once election process commences and is notified with that ordinarily High Court should not interfere with under extraordinary jurisdiction under Article 226 of the Constitution of India. [Para 15]
(C) Election—Office bearer of society—Bye-law provides that any person cannot be elected for more than two consecutive period for any post of association—Since appellant remain in office for more than two consecutive period—Could not be elected for third time. [Para 27]
By the Court.—This intra-Court appeal has been preferred by the writ petitioners of writ petition No. 1498 (M/S) of 2006 against the judgment and order dated 5th of July, 2006 passed by Hon’ble Single Judge whereby and whereunder the Hon’ble Single Judge for all practical purposes granted the desired relief to the petitioners even then the present special appeal has been preferred with the allegation that the learned Single Judge has granted much more relief than prayed for.
2. Kanpur is an industrial town and is known for leather goods. Several persons of the Muslim Community who are dealing in rawhides (Bovine), tanneries, at Kanpur with a view to run school for imparting religious and word by education through which Islamic theology and its culture could be taught, to supervise and manage the Waqfs, to give scholarship to create interest for acquiring knowledge in different trade of education and to provide fooding and lodging and education to orphan boys and girls etc., formed a society known as Muslim Association Kanpur which is a registered Society under Section 21 of the Societies Registration Act. The said society is running and managing six educational institutions enumerated in clause 12 of the bye-laws of the society. A bye-law to govern the functioning of the society has been drawn. Three kinds of membership to the society has been provided. In addition to various other provisions, it has been provided that there would be an Executive Body of thirty members inclusive of office-bearers. The election of the members of office-bearers will be for three years.
3. The last election of the Executive Body was held on 25th of June, 1993 which completed its term of three years on 24th of June, 1996. In the said election Fahim Ahmed, the appellant No. 1, was elected as President and Shri Ishrat Qayyum and Mohd. Aslam, respondents No. 4 and 5 were elected as Secretary and Treasurer. After completion of its term, the Executive Body continued to function as such on the strength of bye-law No. 10 wherein it has been provided that in case due to any reason the election is not held after three years, then, the elected Executive Body will continue to work till new election is held. Undisputably, no election was held after 25th of June, 1993 and the members of the Executive Body continued to remain in the office including respondents No. 4 and 5 on the strength of the aforementioned bye law No. 10 although the term of elected office-bearers had expired, since fresh election was not held.
4. The Deputy Registrar, Firms, Societies and Chits, Kanpur Mandal at Kanpur issued a direction on 23.10.1999 for holding election of the society.
5. A writ petition No. 47580 of 1999 : Muslim Association, Kanpur v. State of U.P. and others, was filed in the High Court at Allahabad, challenging the legality and validity of the aforestated order dated 23.10.1999. This Court observed that the last elections were held in 1993 and for the sake of argument if it is accepted that the elected body could continue till the next election, it was allowed to continue for three years more, then, the election should have been held by June, 1999. The writ petition was dismissed by the judgment and order dated 18th November, 1999. This was the first round of litigation before this Court at Allahabad.
6. After the dismissal of the aforestated writ petition, a fresh date i.e. 25th July, 2000 was fixed by the Deputy Registrar, Firms, Societies and Chits for holding the election of Executive Body. Some individual members filed writ petition No. 1723 (M/S) of 2000 challenging the said order of the Deputy Registrar, Firms, Societies and Chits before this Court at Lucknow. The Court stayed the holding of election vide order dated 24.7.2000. Subsequent thereto, this Court vide order dated 31.7.2003 vacated the order dated 24.7.2000, as the election process had started.
7. After the vacation of the interim order, the Deputy Registrar, Firms, Societies and Chits, agai
