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2012 Supreme(All) 2135
ALLAHABAD HIGH COURT
BEFORE : SUNIL HALI, J.
COMMITTEE OF MANAGEMET, GRAMYA VIKAS UCHATTAR MADHYAMIK VIDYALAYA SAMITTEE, KHUTHAN, DISTRICT JAUNPUR AND ANOTHER .....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 19670 of 2012, decided on 24th August, 2012)
Counsel :
Ashok Khare, Siddharth Khare and Kailash Nath Yadav for the Petitioners; A.K. Sinha and C.S.C. for the Respondents.
Headnote:Societies Registration Act, 1860—Sections 25, 4, 15, 21, 3, 12-B, 12-D, 13, 13-A, 23, 24 and 4—Electoral College—Veracity of—Power of P.A.—He lacks jurisdiction to decide veracity of electoral college submitted by two contesting parties—He placed reliance on electoral college—Which was never certified by Registrar—In term of Section 25(1) on a reference made by Registrar/1/4th members of society—P.A. empowered to decide in summary manner—Any dispute in respect of election or continuance in office of an office bearer of a society—P.A. cannot affirm electoral college which has not been legally constituted—Renewal of society as raising a new dispute—In W.P. High Court directed Assistant Registrar to hold a fresh election—Constitution of electoral college—Order set aside by P.A. —P.A. travelled beyond its jurisdiction to certify electoral college—Reference before P.A. not maintainable as not signed by all one fourth members of society—In present case reference made by two members, is prima facie not maintainable—Impugned order quashed. [Paras 12, 14, 15, 16 and 17]
Hon’ble Sunil Hali, J.—The question required to be answered in this writ petition is as to whether the reliance can be placed on the list of members which does not stand certified by the Registrar under provisions of the Registration of Society Act 1860.
In order to determine the controversy involved in this writ petition, the facts of the case are noted below :
2. A society has been registered under the Society Registration Act 1860 under the name and style of Gramya Vikas Uchchattar Madhyamik Vidyalaya, Khuthan, District Jaunpur bearing registration No. 39/1954-55 dated 17.3.1954. The society has framed its bye-laws. The said bye-laws stood amended in the year 1978. Under the bye laws, the society is to be managed by Committee of Management in accordance therewith which consists of 15 members with seven office bearers namely President, two vice President, Manager/Secretary, Officiating Manager, Assistant Manager and Treasurer. Term of the Committee of Management is specified for three years. The election of the Committee of Management is conducted by the Electoral College consisting of the members of the Society. The said members are required to be admitted on the basis of the bye-laws formulated by the said Society.
3. Periodical elections have been held from 1986. Strength of the electoral college in the year 1980 comprises of 110 members. Election of 1992 was held on the electoral college of 106 members as between 1989 to 1992 four members had expired. Election of 1995 was held on the strength of 95 members as during the period 1992 to 1995 eleven members had expired. The dispute seems to have arisen with respect to the strength of the electoral college in the year 1995. On the strength of the electoral college, election was held on 1.7.1995 and the committee of Management with Basdev Tiwari as President and Laxmi Shanker Yadav as the Manager was constituted. Another election was held in the year 1998 on the strength of 98 members. Rival claim was submitted by Hari Nath Yadav, who claim to be elected as Manager on the strength of 127 members. In view of the rival claims raised proceedings were initiated by the Assistant Registrar who vide his order dated 13.9.2001 proceeded to discard both the elections on the premises that the term of the Committee of Management had expired. The power under Section 25(2) of the Societies Registration Act 1860 was invoked for holding fresh elections by the Assistant Registrar. Another order was passed by the Assistant Registrar dated 13.11.2001 holding that fresh election is to be held on the basis of the strength of 106 members as existed in the year 1992. This order was accompanied by a list of 106 members.
4. Aggrieved by the order dated 13.11.2001 one Vijay Kumar Yadav and six other persons preferred a Civil Misc Writ Petition being C.M.W.P. No. 39503 of 2001. This writ petition was disposed off by this Court vide order dated 29.11.2001 with the direction to the Assistant Registrar to pass a fresh order. It was directed that before initiating the process of election electoral college of the society should be finalised. In pursuance to the direction Assistant Registrar, Firms, Societies and Chits, Varanasi passed an order on 20.5.2002 reiterating his decision to hold fresh election under Section 25(2) of the Societies Registration Act on the basis of list of 106 members. This order was accompanied by the list of 106 members. Again this order was challenged before this Court in Civil Misc Writ Petition No. 24644 of 2002 (Vijay Kumar Yadav and others v. Assistant Registrar, Firms, Societies and Chits, Varanasi and others). Interim direction was issued by the Court staying the operation of the order dated 21.6.2002 passed by learned single Judge. The writ petition was dismissed for want of prosecution on 4.9.2009.
5. During the pendency of the writ petition No. 24644 of 2002 one Paras Nath Yadav claimed himself to be Manager/Secretary filed a Civil Misc Writ Petition No. 77364 of
