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2014 Supreme(All) 648

ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
COMMITTEE OF MANAGEMENT, MADARSA QUASMIA ARABIA ISLAMIA UPPERKOT, BULANDSHAHR AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 17755 of 2014, decided on 27th March, 2014)

Advocates:
Counsel :
Ashok Khare and Siddharth Khare for the Petitioners; C.S.C. and Irshad Ali for the Respondents.

Headnote:Societies Registration Act, 1860—Section 25—Election—Committee of Management—Papers relating to election submitted to the Deputy Registrar, Firms, Societies and Chits, Meerut alongwith the list of members and office-bears of the Committee of Management—Rejected by Deputy Registrar without conducting any hearing proceedings—Thereafter, election was declared invalid—Impugned order found to be passed in gross violation of principles of natural justice—Liable to set aside—The matter remitted to the Deputy Registrar to consider the matter afresh in accordance with law. [Paras 8, 10, 12, 13, 16 and 17]

JUDGMENT

Hon’ble P.K.S. Baghel, J.—The petitioner No. 1 is Committee of Management of an Educational Institution, its Manager has joined this petition as petitioner No. 2. The petitioners have preferred this writ petition against the order dated 22.2.2014 passed by the Deputy Registrar, Firms Societies & Chits, Meerut Region, Meerut.

2. In view of the proposed order no useful purpose would be served in keeping this writ petition pending, as the parties have agreed that the writ petition may be finally disposed of. Learned counsel for the parties agree not to exchange affidavit and as such the writ petition is being finally disposed of in terms of the Rules of the Court.

3. The essential facts of the case are that a Society under the name of Anjuman Madarsa Quasmia Arabia Islamia, Bulandshahr is registered under the provisions of the Societies Registration Act, 1860, (Act No. 21 of 1860), (for short Act, 1860). The Society has established an educational institution. The certificate of registration has been renewed from time to time. It is stated that the last election was held on 14.6.2009 wherein Abdul Haseen was elected as the President and Haji Noor Mohammad Qureshi as the Manager and one Abdul Hakim was elected as the Auditor. The term of the office bearer of the Committee is three years.

4. It is stated that the outgoing Manager of the Institution did not take any steps for getting fresh election as the term of the office bearer was upto 2012. The President of the Society Abdul Haseen convened a meeting of the general body on 26.6.2013 for holding the election. It is stated that accordingly a meeting was held on the said date in which out of 21 members 15 members were present. In the said election Abdul Haseen was re-elected as the President and Mohd. Abid was elected as the Secretary/Manager while Abdul Hakim was re-elected as Auditor. A copy of the proceedings of the general body is brought on the record as Annexure-2 to the writ petition.

5. It is stated that the papers relating to election were submitted to the Deputy Registrar, Firms, Societies and Chits, Meerut Region, Meerut alongwith the list of members and office bears of the committee of management for the year 2013-14. It appears that no action was taken at the end of Deputy Registrar inspite of the reminders sent by the petitioners. In the meantime the Manager of the Committee, namely, Haji Noor Mohammad Qureshi made a representation dated 18.7.2013 before the respondent No. 2/Deputy Registrar making certain allegation with regard to validity of the election. It is alleged that the Deputy Registrar without conducting any hearing proceedings passed an order dated 24.7.2013 rejecting the election of the petitioners. The petitioner submitted a representation on 13th August, 2013 against the said order whereupon the Deputy Registrar issued notice to both the factions.

6. On 30th September, 2013 the Deputy Registrar referred the matter under Section 25(1) of the Act, 1860, to the Prescribed Authority, Sadar, Bulandshar. Aggrieved by the said order Haji Noor Mohammad Qureshi the respondent No. 5 preferred a Writ Petition No. 59092 of 2013 before this Court. The said writ petition was allowed by this Court on the ground that the order was without any reason and the Deputy Registrar was directed to pass a fresh order after hearing the parties concerned.

7. It is averred in the writ petition that after the matter was remanded to the Deputy Registrar, the petitioner has filed a detailed representation dated 9.12.2013. The Deputy Registrar by impugned order dated 22.2.2014 has held that the election held by the petitioner was not valid.

8. I have heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare, learned counsel for the petitioner and Sri Irshad Ali, learned counsel appears for the respondent No. 5 and learned Standing Counsel appears for the State functionaries.

9. Learned Senior Counsel for the petitioners submit that the order of the Deputy

















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