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2006 Supreme(All) 1065
ALLAHABAD HIGH COURT
Arun Tandon, J.
Committee of Management, the Chowdhury Chotu Ram Post Graduate Degree
Versus
Deputy Registrar, Firms, Societies and Chits, Sub Divisional Officer, prescribed
Civil Misc. Writ Petition 13506 of 1999
Decided On : 12 April 2006
Civil Misc. Writ Petition 13506 Of 1999
P.S.BAGHEL, RAJEEV SHARMA, Shailendra,
The decisions of the Prescribed Authority under Section 25(1) of the Societies Registration Act are binding and operative, and subsequent elections must be held in accordance with the law.
Headnote:
Societies Registration Act - Dispute of office bearers of a registered society - Section 25(1) - The court discussed the legality of elections, recognition of office bearers, and the authority of the Prescribed Authority under the Societies Registration Act. Key legal provisions include Section 25(1) of the Societies Registration Act and the binding effect of the decisions of the Prescribed Authority.
Fact of the Case:
The dispute involved the office bearers of a registered society and a degree college managed by it. The legality of elections, recognition of office bearers, and the authority of the Prescribed Authority under the Societies Registration Act were contested.
Finding of the Court:
The court found that the order of the Prescribed Authority under Section 25(1) of the Societies Registration Act was legal and binding. It also held that subsequent elections were not legally sustained and directed fresh elections to be held by the Assistant Registrar.
Issues: The issues included the legality of elections, recognition of office bearers, the authority of the Prescribed Authority, and the binding effect of decisions under the Societies Registration Act.
Ratio Decidendi: The court held that the decisions of the Prescribed Authority under Section 25(1) of the Societies Registration Act were binding and operative, and subsequent elections were not legally sustained.
Final Decision: Writ Petition No. 13506 of 1999 was dismissed, while Writ Petition No. 5270 of 2003 was allowed, subject to the directions for fresh elections.
( 1 ) HEARD Sri Shailendra Advocate on behalf of the petitioner, Sri P. S. Baghel Advocate on behalf of the private respondents, Standing Counsel on behalf of respondent Nos. 1 and 2.
( 2 ) THESE two writ petitions pertain to the dispute of the office bearers of a registered society, as well as, of the degree college managed by it. Therefore both the petitions are being decided together.
( 3 ) THE Chaudhury Chhotu Ram Managing Committee, Muzaffarnagar is a society duly registered under the Societies Registration Act. The said society has established a Degree College in the name and style of Chaudhury Chhotu Ram Post Graduate College, Muzaffarnagar. The Post graduate College is affiliated to Chaudhary Charan Singh University, Meerut. The Executive committee of the society ex officio become the Committee of Management of the Degree college. Reference- para 18-C of the registered bye laws.
( 4 ) THE last undisputed elections of the Executive Committee took place on 17. 12. 1991 wherein sri Samai Singh was elected as Manager and Sri Ishwar Singh Malik was elected as Secretary. Under the bye laws of the society, term of the elected office bearers has been provided as three years.
( 5 ) TWO sets of elections, one dated 22. 12. 1994 with Sri Samai Singh as President and Sri Ishwar singh Malik as Secretary were submitted before the Assistant Registrar on 23. 12. 1994 and second elections dated 25. 12. 1994 with Sri Ved Pal Singh as Manager/mantry were submitted on 31. 12. 1994 for registration of the list of elected office bearers.
( 6 ) THE Assistant Registrar, Firms Societies and Chits, being satisfied that there exists a dispute about the office bearers of a registered society, referred the matter for adjudication to the prescribed Authority under Section 25 (1) of the Societies Registration Act vide his order dated 3. 1. 1996.
( 7 ) BOTH the contesting parties were afforded opportunity of hearing by the Prescribed Authority. The Prescribed Authority by means of the order dated 18. 3. 1999 held that the elections dated 22. 12. 1994, in which Sri Samai Singh was elected as President and Sri Ishwar Singh as secretary, were legal and valid. The parallel elections pleaded by Sri Ved Pal Singh dated 25. 12. 1994 were declared illegal and contrary to the bye laws of the society.
( 8 ) ACCORDINGLY, the elections dated 22. 12. 1994 were recognized and the Assistant Registrar was directed to take appropriate action accordingly. Amongst other findings recorded in the said order are (a) that the meeting dated 25. 12. 1994 (in which the alleged elections set up by Sri Ved pal Singh are said to have taken place) was not convened by the out going Secretary of the society nor any other document has been produced on the basis whereof it could be said that Sri yash Veer Singh, Deputy Secretary was conferred an authority to convene a meeting, nor the bye laws confer any such power upon the Deputy Secretary, (b) Sri Ved Pal Singh was removed under a resolution dated 10th December, 1999 from membership of the general body of the society. The resolution passed in the said meeting was duly approved by the Vice Chancellor of the Meerut University vide order dated 2. 5. 1981. Against the order of the Vice Chancellor Sri ved Pal Singh filed Writ Petition No. 7904 of 1981, which was dismissed vide order dated 21. 1. 1981. No document was on record to establish as to how he was re-inducted as member of the general body thereafter.
( 9 ) THIS order of the Assistant Registrar, Firms Societies and Chits has been challenged by means of Writ Petition No. 13506 of 1999 filed on behalf of the Committee of Management with Sri ved Pal Singh as its Secretary as well as by Sri Hukum Chandra Malik in his capacity as president.
( 10 ) FROM the records it is apparent that Sri Ved Pal Singh has expired on 13. 5. 2000 and no person has been substituted in his place. However, this writ petition is still being contested on behalf of the alleged President of the
