2000 Supreme(All) 1280

HIGH COURT OF ALLAHABAD
Yatindra Singh
C O M R T S VIDYALAYA
Versus
DISTRICT INSPECTOR OF SCHOOLS MANIPURI
Decided On : 01 October 2000
Civil Misc. Writ Petn. Nos. 20017, 50966 and 50290 of 1999

The Prescribed Authority under Section 25 of the Societies Registration Act is invested with the powers to decide election disputes whereas the JDS is not specifically so invested.

Headnote:

This decision examines the scope, power, and jurisdiction of Registrar Societies and Chit Funds, the Prescribed Authority under the Societies Registration Act, and the Basic Shiksha Adhikari in respect of Societies running Junior High Schools. Among these, in a controversy to decide about the recognition of its committee of management, whose decision will override the other? How should the different provisions, relating this controversy, be reconciled? In addition, it is recommended that the state may remove the anomaly between the Societies Registration Act, the Intermediate Education Act, and the first statutes of different Universities under the U. P. State University Act.

Fact of the Case:

There is a society known as Raja Tej Singh Vidyalaya Aurandh, district Mainpuri (the RTS society ). It runs a Junior High School by the same name (the RTS School ). The governing body (committee of management) of the RTS society also manages the RTS school i. e. committee of management of the RTS society is the committee of management in the RTS school. There is only one election. (Reference to the committee of management of the governing body of the RTS society or election thereto means the governing body of the RTS society or election thereto means the committee of management of the RTS School or election thereto and vice versa in this judgment. 3. Admitted elections to the committee of management of the RTS society were held on 19th November, 1995. In this election one Sri Awadh Kishore and Sri Ravendra Singh were elected as the President and the Manager of the society. Every year, a society is required to submit a list of members of the governing body under Section 4 of the Societies Registration Act. Sri Ravendra Singh submitted a list some time in November 1998. In this list instead of Sri Awadh Kishore, some one else was shown as the President. The Assistant Registrar, Firms, Societies and Chits, Agra (the AR) issued notices to Sri Awadh Kishore to confirm it. In the meantime fresh elections were held. There was dispute among the members - one faction held his election on 3rd December, 1998 electing Sri Lallu Singh as the Manager; second faction held election on 6th December, 1998 electing Sri Satya Pal Singh as the Manager; third faction also held election in which Sri K. K. Singh was elected as Manager. Sri K. K. Singh is no longer in picture and has gone out of contest. Different sets of persons were allegedly elected as office bearers and members of committees of management in these elections. All submitted their papers to the AR under Section 4 of the Society Registration Act for information as well as to the Basic Shiksha Adhikari, Mainpuri (the BSA) for their recognition.

Finding of the Court:

The dispute between the parties was which of the two elections namely, one held on 3-12-1998 and the other held on 6-12-1998, is valid. This dispute was cognizable by the Prescribed Authority and the Assistant Registrar had no jurisdiction to decide it. The order of the Assistant Registrar dated 30th Oct. 1999 is illegal and is quashed. The Assistant Registrar will within two weeks from the date of service of certified copy of this order, refer the dispute to the Prescribed Authority. The Prescribed Authority will expeditiously, if possible within a period of six months, decide the dispute. The writ petition No. 50290 of 1999 (the third writ petition) is allowed.

Issues: 1. What is the role of the Registrar and the Prescribed Authority under the Societies Registration Act ? What are their powers as regards each other ? 2. What is the source of power of the BSA while recognising any committee of management ? What is its relationship with the Registrar or the Prescribed Authority under the Societies Registration Act ? 3. What was the nature of dispute before the AR ? Who could decide this dispute: the AR, or the Prescribed Authority ? 4. Did the BSA afford reasonable opportunity to Sri Lallu Singh before recognising Sri Satya Pal Singh ? 5. Is the order dated 23-10-1999 passed by the BSA, for single operation of accounts, legal ?

Ratio Decidendi: The Prescribed Authority under Section 25 of the Societies Registration Act is invested with the powers to decide election disputes whereas the JDS is not specifically so invested. Even if a scheme of administration contains specific provision it is merely a scheme of administration for that college. A Vice-Chancellor may be so invested but that is only under a subordinate legislation. It cannot be contrary to the Act under which it is framed or any other Act of a competent legislature. In a case where elections to a committee of management (governing body) of a society and committee of management are same or one is ex officio the other and elections of a society can be directly seen under Section 25 of the Act, then a difficulty may arise. Apart from it investing different authorities to look into validity of the same elections may not be proper; perhaps it was not intended. The State will do well to intervene and remove this anomaly.

Final Decision: 1. Let of copy of this judgment be kept on the record of (I) Civil Misc. Writ Petition No. 50966 of 1999 The Committee of Management Raj a Tej Singh Vidyalaya v. Zila Basic Shiksha Adhikari Mainpuri. (II) Civil Misc. Writ Petition No. 50290 of 19 99 Satya Pal Singh Chauhan v. The Assistant Registrar. 2. Let a copy of this judgment be sent to the persons mentioned below to consider the difficulty pointed out in the heading remarks: SECTION 25 OF THE SOCIETIES REGISTRATION ACT, SECTION 16-A (7) OF THE INTERMEDIATE EDUCATION ACT, AND THE FIRST STATUTES OF THE UNIVERSITIES (paragraphs No. 30 to 37 ). It will be useful to read it with the heading "2nd PINT; POWER OF THE BASIC SHIKSHA ADHIKARI AS REGARDS THE REGISTRAR AND THE PRESCRIBED AUTHORITY (Paragraphs No. 15 to 20 ). (I) The Chairman, State Law Commission, Gomit Nagar Lucknow. (II) The Secretary (Legislation), Government of Uttar Pradesh, Lucknow. (III) The Legal Remembrancer, Government of Uttar Pradesh, Lucknow.