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ALLAHABAD HIGH COURT
Arun Tandon, J.
Committee of Management, Vidyawati Higher Secondary School
Versus
Asstt.Registrar Firms, Societies and Chits
C.M.W.P. 553 of 2004
Decided On : 07 January 2005
C. M. W. P. 553 Of 2004
Societies Registration Act - Validity of Elections - Section 25(2) - Summary: The court addressed the validity of elections held by a society and the interpretation of Section 25(2) of the Societies Registration Act. It held that the power to convene a meeting for holding fresh elections is lost only when the registrar passes an order under Section 25(2) of the Act. In the absence of such an order, outgoing office bearers are not debarred from convening a meeting for the purpose of holding fresh elections. The court distinguished a previous judgment where undisputed elections had not been held for nearly 9 years, emphasizing that it had no application to the present case.
Fact of the Case:
The petitioner, claiming to be the Secretary of a society, challenged the rejection of their representation and the validity of elections held by the outgoing office bearers after their term had expired.
Finding of the Court:
The court dismissed the writ petition, ruling that the elections held after the expiry of the office bearers' term were not illegal or invalid as the power to convene a meeting for fresh elections was not lost without an order under Section 25(2) of the Act.
Issues: Validity of elections held after the expiry of office bearers' term, interpretation of Section 25(2) of the Societies Registration Act.
Ratio Decidendi: The power to convene a meeting for holding fresh elections is lost only when the registrar passes an order under Section 25(2) of the Act.
Final Decision: The writ petition was dismissed.
Based on the provided legal document, the court did not explicitly allow the office bearers to remain in office beyond their prescribed tenure. Instead, the court clarified that the power to convene a meeting for holding fresh elections is only lost when the registrar issues an order under Section 25(2) of the Societies Registration Act. Since no such order was passed in this case, the outgoing office bearers continued to hold office legally after their term expired, and their holding of elections was deemed valid (!) (!) .
However, this does not mean the court permitted them to stay in office beyond their term by default; rather, the court emphasized that the outgoing office bearers remained in office because the statutory condition for their removal—an order by the registrar—had not been met. Therefore, the court's decision was based on the legal interpretation that, in the absence of an order under Section 25(2), outgoing office bearers could hold elections and remain in office until new elections are conducted or until an order is issued by the registrar (!) (!) .
( 1 ) HEARD Sri Ratnesh Kumar Pandey, advocate on behalf of the petitioner, standing counsel on behalf of respondent Nos. 1 and 3 and Sri D. N. Pandey, advocate on behalf of respondent No. 2.
( 2 ) VIDYAWATI Higher Secondary School, Shahpur, district Azamgarh, is a society duly registered under the Societies Registration Act, 1860. The said society has established an institution in the name and style Vidyawati Inter College, Shahpur, Sarain, district Azamgarh. Sri Sadanand tiwari claiming himself to be the Secretary of the said Society has filed this writ petition against the order dated 4. 12. 2003, passed by the Assistant Registrar Firms, Societies and Chits, azamgarh Region, Azamgarh, respondent No. 1, whereby the Assistant Registrar has rejected the representation made by the petitioner and has directed that the list of office bearers be registered for the year 2003-04 in pursuance of the elections which had taken place on 2. 3. 2003.
( 3 ) THE aforesaid elections dated 2. 3. 2003 were declared valid by the Assistant Registrar while rejecting the objection of the petitioners vide order dated 7. 6. 2003, Feeling aggrieved with the order dated 7. 6. 2003, the petitioner approached this Court by filing Writ Petition No. 31188 of 2003. The said writ petition was allowed and the order dated 7. 6. 2003 was quashed. The assistant Registrar was directed to decide the representation of the petitioner afresh after affording opportunity of hearing to the parties concerned. The Assistant Registrar in compliance of the judgment of this Court has now passed the order dated 4. 12. 2003 by which he has again upheld the validity of the elections held on 2. 3. 2003 and rejected the objections filed by the petitioners in the form of representation.
( 4 ) THE only ground contended before this Court on behalf of the petitioners is that the order passed by the Assistant Registrar dated 4. 12. 2003, is patently illegal inasmuch as the fresh elections had been held by the outgoing office bearers after their term had already expired. The term of the office bearers of the society as prescribed in the bye-laws of the society is three years. The last undisputed elections were held in the year 1998. It is therefore submitted that in view of Section 25 (2) of the Societies Registration Act, the office bearers had no jurisdiction to hold any elections subsequent to the expiry of the said period of three years from the date the last elections were held, i. e. . 15th March, 1998. Fresh elections, if any, could have been conducted by the Registrar only under Section 25 (2) of the Societies Registration Act. The petitioners have placed reliance upon the judgment of this Court passed in Writ Petition No. 19830 of 2003, committee of Management Lok Shiksha Parishad, Pataherawa, Kashi Nagar v. Assistant registrar Firms, Societies and Chits, Gorakhpur and Ors. , decided on 25. 10. 2004.
( 5 ) ON behalf of respondents it is contended that although in the bye-laws of the society the term of the elected office bearers has been provided 3 years, however the elected office bearers continue to hold the office till the fresh office bearers take over inasmuch as there is no provision in the bye-laws which makes the elected office bearers defunct after 3 years. It is further contended that so long as an order under Section 25 (2) of the Societies Registration Act is not issued by the Registrar for the purposes of convening a meeting for holding fresh elections it is always open to the elected office bearers to hold elections of the Committee of Management even after expiry of the term provided in the bye-laws inasmuch as no vacuum is contemplated in the bye-laws. It is, therefore, submitted that there is no illegality in the elections held on 2. 3. 2003 and the writ petition deserves to be dismissed.
( 6 ) FOR appreciating the controversy raised in the present writ petition it would be relevant to refer to Section 25 (2) and (3) of the Societies Registrati
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