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2016 Supreme(All) 1470

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : A.P. SAHI AND DR. VIJAY LAXMI, JJ.
ADARSH SANSKRIT VIDYALAYA AND OTHERS ....Appellants
Versus
COMMITTEE OF MANAGEMENT, ADARSH SANSKRIT VIDYALAYA, AMBEDKAR NAGAR AND OTHERS ....Respondents
(Special Appeal No. 378 of 2016, decided on 14th September, 2016)

Advocates:
Counsel :
Laltaprasad Misra, Pawan Kumar Pandey and Sharad Pathak for the Appellants; C.S.C., Manish Kumar and Pt. S. Chandra for the Respondents.

Headnote:Societies Registration Act, 1860—Sections 4-B and 25—Election—Electoral college—Objection with regard to membership—It was incumbent upon Deputy Registrar to have entered into objections with regard to membership of entire electoral college but Deputy Registrar abruptly without any decision or finding, approved all members who had allegedly participated in election—No interference with impugned judgment with direction to Deputy Registrar to decide issue of membership of General Body. [Paras 33 to 37]

       Result; Order Accordingly.

       

JUDGMENT

By the Court.—This appeal has been filed in the name and on behalf of the Committee of Management Shri Adarsh Sanskrit Vidyalaya which is a Society registered under the Societies Registration Act, 1860 through its alleged Manager Shri Sarju Prasad Dubey. It questions the judgment of the learned Single Judge dated 5.7.2016 whereby the petition filed by the respondent Nos. 1 and 2 herein has been allowed, and the order of the Deputy Registrar, Faizabad dated 6.8.2013 giving directions to hold fresh elections and the consequential orders finalizing the election schedule and membership dated 23.8.2013 as well as the elections held on 1.9.2013 has been quashed.

2. The Society has been allowed to be managed in the meantime under the supervision of the Principal of a Government Inter College as was directed earlier by a learned Single Judge vide judgment dated 13.3.2013 in Writ Petition No. 5043 (MS) of 2010.

3. for RespondentThe Deputy Registrar has been further directed to re-consider the entire matter particularly the objections raised by the respondent Nos. 1 and 2 with regard to the allegations of forgery, concoction and fabrication of documents resulting in the passing of the previous orders of the Deputy Registrar.

4. The Society has established a Sanskrit School and was being managed by a Committee of Management. The said Committee that had been previously elected and was in power had held elections on 10.8.2005 on the strength whereof renewal was sought and the Society was renewed under the 1860 Act on 19.3.2008 for a period of five years w.e.f. 10.10.2005.

5. According to the contesting respondents, a letter was dispatched on 12.2.2007 to the Deputy Registrar informing him about the aforesaid elections dated 10.8.2005 and alongwith the letter the proceedings dated 10.8.2005 were also sent containing the name of all 26 members of the General Body which did not include the name of either one Hriday Narayan Mishra or the appellant Sarju Prasad Dubey.

6. The dispute began thereafter when Hriday Narayan Mishra, who according to the respondent Nos. 1 and 2 was a rank trespasser, operated hand in gloves with one Maan Singh hatching a conspiracy in the office of the Deputy Registrar, and manipulated the status of all genuine documents by replacing them and changing them with documents bearing forged signatures of the respondent No. 2, including altering of the entire membership of the General Body as also the list of office bearers that had been filed before the Deputy Registrar, Firms, Societies and Chits. According to the respondent Nos. 1 and 2, this was again attempted by Sri Hriday Narayan Mishra through some forged documents dated 9.9.2009 and a forged letter allegedly signed by the appellant informing of the holding of fresh elections held on 10.8.2009 that was allegedly confirmed on 6.9.2009. This document for the first time indicated Mr. Man Singh as the President and the appellant/Sarju Prasad Dubey as the Vice-President and Sri Hriday Narayan Mishra as the Manager. It also reflected the respondent No. 2 as a Member of the Committee of Management and according to the respondents, the signatures of the respondent No. 2 were forged on the said letter. This letter finds place as Annexure 9 to the original record of the writ petition.

7. On discovering this development, the respondent No. 2, who claims himself to be the then Manager filed a complaint and also requested for supply of all the documents that were forged and fabricated and inserted into the file including the list of members of the general body vide representation dated 26.10.2009. Since Sri Hriday Narayan Mishra had been shown to be the Manager and against whom the complaint had been filed, he also submitted a reply giving a list of Members of the General Body 25 in number claiming that they are all Life Members of the Society and they had deposited the fee. This was countered by a detailed reply by the respondent No. 2 on 29.1.2010. A copy of the same i



































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