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2010 Supreme(All) 1443
[2010(6) ADJ 481]
ALLAHABAD HIGH COURT
BEFORE : S.P. MEHROTRA, J.
COMMITTEE OF MANAGEMENT, ANJUMAN MADARSA ZEENATUL ISLAM, AMRODHA, TEHSIL BHOGANIPUR, DISTRICT KANPUR DEHAT THROUGH ITS MANAGER/ SECRETARY, IQBAL AHMAD NOORI SON OF MUNNA AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Civil Misc. Writ Petition No. 4686 of 2006, decided on 27th April, 2010)
Counsel :
Ashok Khare and S.D. Shukla for the Petitioners; G.K. Singh and V.K. Singh,C.S.C. for the Respondents.
Headnote:Societies Registration Act, 1860—Sections 3, 3-A, 4 and 25—Election—Committee of Management—Petitioners sought quashing of order passed by Dy. Registrar, whereby papers submitted by petitioners regarding the elections allegedly held on 28.11.2004 were disapproved—However, papers submitted by respondent No. 4 regarding election held on 31.7.2004 were approved—Registrar-respondent No. 2 has not considered the question as to whether the rival claims of elections set up by petitioners and respondent No. 4 were bona fide and based on relevant material—Registrar bound to examine the claim of petitioners—Respective claims of elections set up by rival parties whether frivolous—Dy. Registrar ought to have referred the matter to Prescribed Authority under sub-section (1) of Section 25 of the Act, 1860—Petitioners have not placed any material to substantiate the correctness of the stand taken by them in regard to the production of original record on 5.12.2005—Such disputed question of fact cannot be decided under writ jurisdiction—Petitioners had opportunity to inspect the written submissions and documents submitted on behalf of respondent No. 4 before Dy. Registrar—Thus, no violation of principles of natural justice on account of non-supply of copies of the written submissions—However, Enquiry as conducted without any intimation to petitioners and even copy of Enquiry Report was not given to petitioners—Thus, Dy. Registrar has acted in violation of principles of natural justice in placing reliance on said enquiry—Impugned order dated 13.12.2005 set aside—Matter remitted back. [Paras 63 to 78]
Result; Petition Allowed.
Hon’ble S.P. Mehrotra, J.—The petitioners have filed the present writ petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 13.12.2005 (Annexure-10 to the writ petition) passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur (respondent No. 2) whereby the papers submitted by the petitioners regarding the elections allegedly held on 28.11.2004 were disapproved and the papers submitted by the respondent No. 4 regarding the elections allegedly held on 31.7.2004 were approved, and further, for directing the respondents to approve the papers submitted by the petitioners in regard to the election dated 28.11.2004 and to recognize the same.
2. It is, inter alia, averred in the writ petition that in District-Kanpur Dehat, there is a registered society under the name of Anjuman Madarsa Zeenatul Islam (hereinafter also referred to as “the society in question”), which is governed by the provisions of the Societies Registration Act, 1860; and that the said society runs and manages the institution Anjuman Madarsa Zeenatul Islam, Amrodha, Kanpur Dehat; and that the said society has its registered bye-laws in accordance therewith the management of the society is governed. Copy of the bye-laws of the society in question has been filed as Annexure-1 to the writ petition.
3. A perusal of the said bye-laws shows that the term of the Committee of Management is specified for a period of three years, which may be extended or reduced for a period of six months in special circumstances by the President of the society in question; and that the election of the Committee of Management shall be conducted by the General Body of the society in question, and the maximum number of the office bearers will be ten; and that the President has been given power in special circumstances to convene the meeting of the General Body and the Committee of Management and to adjourn such meeting. Averments in this regard have been made in paragraphs 6,7 and 8 of the writ petition.
4. It is, inter alia, further averred in the writ petition that the elections of the Committee of Management of the society in question took place on 1.6.2001; and that in the said election, the Committee of Management with Mohd. Bachchan (petitioner No. 3) as the President, Mohd. Ibrahim (respondent No. 4) as the Manager and Mohd. Rizwan as the Treasurer were elected; and that the papers regarding the said election were submitted before the Deputy Registrar, Firms, Societies and Chits, Kanpur (respondent No. 2) and based thereon the Deputy Registrar (respondent No. 2) registered the list of office-bearers for the year 2001-02. Copy of the list of office-bearers registered by the Deputy Registrar, Firms, Societies and Chits (respondent No. 2) has been filed as Annexure-2 to the writ petition.
5. It is, inter alia, further averred in the writ petition that Mohd. Bachchan (petitioner No. 3) issued an Agenda Notice on 22.11.2004 for calling a meeting of the General Body for getting the election held on 28.11.2004; and that the Agenda Notice was circulated amongst the 19 Members of the General Body out of 25 members. Copy of the said Agenda Notice dated 22.11.2004 has been filed as Annexure-5 to the writ petition.
6. The petitioners have, inter alia, further averred in the writ petition that pursuant to the said Agenda Notice circulated amongst the members, the meeting of the General Body was convened on 28.11.2004; and that in the said meeting, the election of Committee of Management of the society in question took place wherein Mohd. Bachchan was elected for the post of President and Mohd. Iqbal Ahmad Noori was elected for the post of Manager/ Secretary; and that in the said election, 19 members of the General Body out of 25 members participated. Copy of the proceedings dated 28.11.2004 has been filed as Annexure-6 to the writ petition.
7. It is, inter alia, further averred in the writ petition that the papers regarding the afo
