Back
2012 Supreme(All) 1401
[2012(6) ADJ 321 (DB)]
ALLAHABAD HIGH COURT
BEFORE : YATINDRA SINGH AND MOHD. TAHIR, JJ.
VIJAY PRATAP SINGH AND ANOTHER ....Petitioners
Versus
DIOS AND OTHERS ....Respondents
(Special Appeal Nos. 984 and 1005 of 2012, decided on 24th May, 2012)
Counsel :
Alok Mishra, Ripu Daman, Gulrez Khan, J.H. Khan and W.H. Khan for the Petitioners; I.R. Singh, Abhishek Kumar Singh and C.S.C. for the Respondents.
Headnote:Societies Registration Act, 1860—Section 25 (2)—Election—Rights of Members of Committee of Management—Scope of—Whether the impugned order dated 11.4.2012 finalising the Membership list on 11.4.2012 and election held on its basis on 29.4.2012 are in accordance with law and whether the contesting respondent is a member of the society—As per appellant only one members namely the contesting respondent was removed—Rest of them are members of society—However, appellant could not point out a single person in his list of 45 members, who was a member of the society in the year 1981, this creates doubt regarding validity of membership list produced by the appellant—SDM if holds the list of members of the society to be different than the list of 45 members as supplied by appellant, then it would be open to valid members to request to Assistant Registrar to hold election or to take action—Members of a society running educational institution are entitled to vote and elect Committee of Management—List of members as determined on 11.4.2012 and election held on its basis held illegal—Directions issued to finalise the electoral college. [Paras 26 to 52]
By the Court.—Our Court is flooded with the disputes relating to the committees of management of educational institutions. It permeates the registered societies as well, as only the registered societies can run the educational institutions. This judgment explores the ways of reducing this kind of litigation.
THE FACTS
2. There is a society by the name of Panchayat Higher Secondary School Gaura, Mehnagar, Azamgarh (the Society). It was registered under the Societies Registration Act, 1860 (the Society Registration Act) on 15.12.1952.
3. At present, the Society runs an educational institutional by the name of Panchayat Inter College, Gaura, Mehnagar, Azamgarh (the College). It imparts education up to 12th class and is recognised under the Intermediate Education Act, 1921 (the Act).
4. The Society functioned peacefully for the first 30 years and the last undisputed election was held on 25.7.1981. In this election, Sri Suryavansh Puri (Sri Puri) and Sri Phunnan Singh (the contesting respondent) were elected as the Manager and the President of the committee of management of the College. However, the peace did not last, Sri Puri and the contesting respondent fell out with each other.
5. It is said that the contesting respondent was removed as the President as well as from the membership of the Society on 17.1.1982 and in his place Sri Brahmdeo Rai, the then Vice-President, was elected as the President on 6.2.1982. The dispute in the membership of the Society as well as in the committee of management of the College started since then.
6. Two rival elections were held on 13.1.1991. The contesting respondent and Sri Puri npyj claim that they were elected in these elections as the Manager of the College. However, the signature of the contesting respondent was attested by the District Inspector of Schools, Azamgarh (the DIOS) on 2.4.1993.
7. Sri Puri filed writ petition No. 1154 of 1993 against the order of the DIOS dated 2.4.1993 recognising the election of the contesting respondent. However, the writ petition was ultimately dismissed as infructuous on 22.9.2001 and no further proceeding was taken against it.
8. During pendency of the aforesaid writ petition, two rival elections were again held on 9.1.1994 in which the contesting respondent and Sri Puri claim to have been elected as Manager of the Committee of management of the College. The elections were referred to the Deputy Director of Education, Azamgarh (the DDE) by the DIOS for adjudication.
9. During pendency of the aforesaid dispute before the DDE, the DIOS appointed authorised controller on 15/17.2.1994. He is still continuing.
10. The DDE by his order dated 7.10.1994 approved the elections of Sri Puri and held that the contesting respondent was removed as member of the Society.
11. The contesting respondent challenged the aforesaid order by means of writ petition No. 34971 of 1994. However, this writ petition was also dismissed as infructuous on 9.10.2001.
12. During pendency of the aforesaid period, the Societies Registration Act was amended and provision for periodical renewal of the societies was inserted. The registration of the Society was renewed up to 1995 and thereafter, it was not renewed; it became an unregistered Society.
13. Sri Puri died on 24.7.2003 and at present one group in the Society is represented by the contesting respondent and the other group is represented by Sri Vijay Pratap Singh (the Appellant).
14. The Appellant was not a member of the Society in the year 1981, when the last undisputed election was held. He claims to have become a member of the Society, sometimes around 1995.
15. The Appellant filed an application before the Assistant Registrar, Firms, Chits and Societies, Azamgarh (the Assistant Registrar) alongwith a list of 45 members for renewal of the Society. The Society was renewed on 28.5.2009 with retrospective effect from the date it had become an unregistered society.
16. The Appellant held elections of the committee of managemen
