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2012 Supreme(All) 1316
ALLAHABAD HIGH COURT
Sunil Hali, J.
Janta Shiksha Prasar Samiti and others -Appellant
Versus
Assistant Registrar, Firms, Societies & Chits and others -Respondent
Civil Misc. Writ Petition No.46121 of 2009
Decided On : 15-05-2012
Sri Amit Saxena, Advocate, for Petitioner.
CSC , Sri V.K.S. Chandel, Advocate, for Respondents.
The main legal point established in the judgment is the importance of following court directions and the consequences of disregarding them in decision-making.
Headnote:
Societies Registration Act - Dispute over Society Management - Section 25(2) - Summary of Acts and Sections: Societies Registration Act, Section 12(D)(1) - The court discussed the power of the Assistant Registrar under Section 4 of the Registration Act in accepting the list of members of the governing body submitted by the rival parties. It also considered the interpretation of Section 25(2) of the Societies Registration Act in relation to the electoral college of the society. The judgment highlighted the importance of following court directions and the consequences of disregarding them in decision-making.
Fact of the Case:
The case involved a dispute over the management of a society registered under the Societies Registration Act. The dispute arose from conflicting election processes and the composition of the electoral college of the society.
Finding of the Court:
The court found that the Assistant Registrar had disregarded the court's directions and passed orders contrary to the court's previous affirmations. It held that the order finalizing a list of 12 members as the electoral college was in direct conflict with the court's previous order affirming a list of 118 members. The court also declared the subsequent decisions based on the void order as non-existent and directed a fresh election based on the electoral college of 118 members affirmed by the court.
Issues: The key issues included the power of the Assistant Registrar to adjudicate disputes over the list of members, the interpretation of Section 25(2) of the Societies Registration Act, and the consequences of disregarding court directions in decision-making.
Ratio Decidendi: The court held that the Assistant Registrar's prima facie view in accepting the list of members should be based on court directions and should not be done arbitrarily. It emphasized the importance of following court directions and declared the decisions based on void orders as non-existent.
Final Decision: The court allowed the writ petition, quashed the impugned order, declared the previous order as non-existent, and directed a fresh election based on the electoral college of 118 members affirmed by the court.
Janta Shiksha Prasar Samiti, Pipra Pratham, District Sant Kabir Nagar is a society registered under the Societies Registration Act and it runs a recognised and a aided Junior High School named as Janta Laghu Madhyamik Vidyalaya, Pipra Pratham, District Sant Kabir Nagar. The society and the Institution are managed by the Committee of Management constituted under bye-laws. The term of the Committee of Management is three years. Periodical elections upto 1983 were conducted. It is contended that petitioner no. 3 was regularly elected as Manager and his signatures were regularly attested by the Basic Shiksha Adhikari on various dates i.e. 17.9.1983, 21.2.1984, 17.8.1990, 23.11.1996 and 15.5.1997.
2. It seems that the registration of the society was renewed on the basis of papers submitted by the petitioner no. 3 as Manager on 29.8.1983. Renewal of the Society was questioned by one Prahland Singh before the Assistant Registrar, who vide his order dated 30.1.1984 recognised him as Manager and cancelled the registration of the Society granted on 29.8.1993 in exercise of power under Section 12 (D)(1) of the Act. This order was subject matter of challenge before this Court in Civil Misc Writ Petition No. 2182 of 1984 and this Court stayed the order dated 30.1.1984 passed by the Assistant Registrar. In a collateral proceedings said Prahaland Singh questioned the attestation of the signatures of petitioner no. 3 as Manager in Civil Misc Writ Petition No. 23655 of 1997. Both the aforesaid writ petitions were clubbed together by this Court and disposed of by a common judgement and order dated 16.9.1997. A direction was issued by this Court to Assistant Registrar as well as the Basic Shiksha Adhikari, Basti to pass fresh orders on the basis of facts and circumstances as they exist on that date.
3. Assistant Registrar, Firms, Societies and Chits after hearing the parties held that fresh election be held by invoking Section 25(2) of the Societies Registration Act on the basis of the electoral college consisting of members who were enrolled prior to dispute which had arisen in the year 1983. Direction clearly contemplates that those members who were enrolled up to 1983 would constitute the electoral colleges of the Society. On the basis of direction issued herein supra, a list of 118 members of the General Body enrolled up to to 1983 was finalised. Consequently direction was issued to hold the election on the basis of said electoral colleges. This order was questioned by Prahaland Singh in Civil Misc Writ Petition No. 27548 of 1998 challenging the order dated 2.4.1998 as also the order dated 12.8.1998 on the ground that the election can be held only by Assistant Registrar not by District Magistrate as nominated by him. This order was modified by the Assistant Registrar thereafter. Notification was issued by the Deputy District Magistrate on 3.11.1998 calling for the meeting of general body on 16.11.1998 for holding the election. This order was also challenged by Prahaland Singh in Civil Misc Writ Petition No. 37612 of 1998. Both these writ petitions i.e. Civil Misc Writ Petition No. 27548 of 1998 and 37612 of 1998 were heard and decided by judgement and order dated 10.7.2000.
4. This Court vide its order dated 10.7.2000 upheld the order dated 2.4.1998 as well as 12.8.1998 thereby dismissing the Civil Misc Writ Petition No. 27548 of 1998. Civil Misc Writ Petition No. 37612 of 1998 was allowed by directing the Assistant Registrar to call for the meeting of general body himself and fixed the election schedule. What clearly emerges from the aforesaid direction is that this Court in its order dated 10.7.2000 up held the order dated 2.4.1998 and also the order passed on 12.8.1998 thereby upholding the following things:-
a) That the election of the society be held under Section 25(2) of the Societies Registration Act;
b) That the said election shall be held for which electoral college of 118 members was finalised. Second part of the direct
