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2010 Supreme(All) 3183
ALLAHABAD HIGH COURT
Amitava Lala, Shabihul Hasnain, JJ.
Jamia Rizviya Merajul Uloom Chilmapur, Gorakhpur, through its Secretary/Manager and another -Appellant
Versus
State of U.P.through Secreary Firms, Societies and Chits, Lucknow and others -Respondent
Special Appeal No. 790 of 2010
Decided On : 15-09-2010
Y.K.Srivastava, M.S.Pipersenia, W.A.Siddique, Ashok Khare, Shamim Ahmad, M.A.Qadir
The main legal point established in the judgment is the Registrar's authority to decide membership disputes and the lack of obligation to refer election disputes to the Prescribed Authority under Section 25(2) of the Societies Registration Act unless there is a specific dispute regarding the election of members of the managing body of a society.
Headnote:
Election Dispute - Societies Registration Act - Section 25(2) - The court discussed the provisions of Section 25(2) of the Societies Registration Act, 1860, which empowers the prescribed authority to hear and decide election disputes in a summary manner. The court emphasized that the Registrar has the authority to decide membership disputes and is not obligated to refer the matter to the Prescribed Authority under Section 25(2) unless there is a dispute regarding the election of members of the managing body of a society.
Fact of the Case:
The case involved a dispute over the constitution of the Committee of Management of a society running a Madarsa. The Assistant Registrar did not approve the papers submitted by the petitioner and directed the election of the Committee of Management under Section 25(2) of the Societies Registration Act, 1860. The petitioner challenged this order.
Finding of the Court:
The court found that there was no election dispute, but rather a dispute of membership, which the Registrar had the authority to decide. The court concluded that the appeal was misconceived and devoid of merit, and accordingly dismissed it.
Issues: The main issues revolved around the authority of the Registrar to decide membership disputes and the obligation to refer election disputes to the Prescribed Authority under Section 25(2) of the Societies Registration Act.
Ratio Decidendi: The court's decision was based on the interpretation of Section 25(2) of the Societies Registration Act, emphasizing the Registrar's authority to decide membership disputes and the lack of obligation to refer election disputes to the Prescribed Authority unless there is a specific dispute regarding the election of members of the managing body of a society.
Final Decision: The appeal was dismissed without imposing any costs.
Heard Sri M.A. Qadir, Senior Advocate assisted by Sri Shamim Ahmad, Advocate for the appellants, and Sri Ashok Khare, Senior Advocate assisted by Sri W.A. Siddiqui, for opposite party no. 4, Sri M.S. Pipersenia and Dr. Y.K. Srivastava, standing counsel, appearing for opposite party no. 1,2 and 3.
2. This special appeal is directed against the order and judgment dated 5.5.2010 passed by Hon'ble Single Judge in Civil Misc. W.P. No.21478 of 2010.
3. The writ petition was filed by Jamia Rizviya Merajul-Uloom, Chilmapur, District Gorakhpur, hereinafter referred to as 'the Society' through its Secretary/Manager Mohd. Fakhruddin Khan son of Farzand Ali, and Mohd. Fakhruddin Khan, claiming himself to be the Secretary/Manager, for setting aside the order dated 27.3.2010 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, herein after referred to as 'the Assistant Registrar'. By this order, the Assistant Registrar did not approve the papers submitted by petitioner Mohd. Fakhruddin Khan and respondent no. 4 Karimullah Khan, regarding constitution of the Committee of Management of the Society and did direct that the election of the Committee of Management of the Society be held under Section 25(2) of the Societies Registration Act, 1860. From the list of forty five members of the general body of the Society after excluding Mohd. Fakhruddin Khan shown at serial no. 17 and has nominated District Minority Welfare Officer, Gorakhpur as the Election Officer for holding the election.
4. In nutshell the facts of the case are that the 'society' runs a Madarsa known as Jamia Razviya Merajul Uloom, chilmapur, Distirct Gorakhpur, which is a duly recognized Madrsa and is also in the list of grant-in-aid of the State Government. The term of the office bearers of the society is five years and it is renewed from time to time. The last renewal was made on the application dated 8.11.2006 submitted by Farzand Ali, the father of the petitioner No.2. Thus the certificate of renewal was granted on 15.11.2006 for a period of 5 years which is operative up to 7.8.2011.
5. According to the petitioner/appellant after said election, certain developments, which had taken place, are; (i) member Mohd. Yusuf Khan @ Kanchhed was removed from the office of membership of the society for continued absence in three meetings as also held on 11.12.2006 and in his place the petitioner no. 2 was enrolled as member. (ii) Sri Karimullah Khan, the respondent No.4 was the Assistant Secretary of Society, however he had resigned which was accepted and in his place vide resolution of the society dated 25.3.2007, Shri Zafar Ahmad was elected as Assistant Secretary. (iii) Subsequently, on 20.5.2007, Shri Farzand Ali, the Secretary had also resigned from the Office of Secretary, and in his place Shri Zafar Ahmad was elected as Secretary. (iv) On 7.3.2008, Shri Zafar Ahmad Khan had also resigned from the office of Secretary which was accepted in Resolution dated 9.3.2008 and the petitioner No.2 Mohd. Fakhruddin Khan was elected as Manager/Secretary on 9.3.2008. (v) The petitioner No. 2 also sent a letter dated 18.3.2008 to the Assistant Registrar, Firms Societies and Chits communicating that he has been elected as Manager and for registration list of office bearers, on which the list of office bearers for the years 2007-08, 2008-09 was dully certified by the Assistant Registrar. Mohd. Fakhruddin Khan further sent papers to the District Minority Welfare Officer, who attested the signatures of Mohd. Fakhruddin Khan as Manager of Madarsa on 2.5.2008. Just after his becoming Manager, Karimullah Khan had been creating disturbance. Earlier Karimullah Khan got a complaint made by one temporary teacher Smt. Sharmila Begum before the District Magistrate and the District Magistrate had wrongly ceased the power of Mohd. Fakhruddin Khan by order dated 6.10.2008, the said order was stayed by this Court in Civil Misc. Writ Petition NO.55257 of 2
