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2017 Supreme(All) 985

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR UPADHYAYA, J.
COMMITTEE OF MANAGEMENT, DWAPAR VIDYAPEETH PARISHAD AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/S) No. 21000 of 2017, decided on 7th September, 2017)

Advocates:
Counsel :
Virendra Mishra for the Petitioners; C.S.C. and Sanjay Kumar Singh for the Respondents.

Headnote:Societies Registration Act, 1860—Section 25(1)—Election—Educational Society—Executive Body of a Society, rejected—Challenge against—Prescribed Authority assumes jurisdiction to decide dispute on a reference made to it by Registrar and on a reference to be made to Prescribed Authority by at least one-fourth members of Society—Non-fulfillment of either of two conditions would not confer any jurisdiction on Prescribed Authority to act and discharge his statutory functions under Section 25(1)—Impugned order dated 7.7.2014 cannot be construed to mean a direction issued to Prescribed Authority to determine the validity of list of members of Society alone without determination of doubt or dispute in respect of election—Election already held—Appropriate remedy available to petitioners would be to approach Prescribed Authority under Section 25(1)—Interference with impugned order declined—Directions issued. [Paras 14 to 25]

       Result; Petition Dismissed.

JUDGMENT

Hon’ble Devendra Kumar Upadhyaya, J.—Heard Sri Virendra Mishra, learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Sri M.B. Singh,learned counsel representing the respondent Nos. 6 and 7.

2. Under challenge in this writ petition is an order dated 17.8.2017, passed by the Prescribed Authority/Sub Divisional Officer, Sadar, Faizabad rejecting the claim of the petitioners in respect of election of the Executive Body of a Society, namely, Dwapar Vidyapeeth Parishad, Village Barayipara, Post Office Mayabazar, Pargana Amsin, Tehsil Sadar, District Faizabad and also rejecting the claim of the petitioners in respect of the electoral college/list of the members of the General Body of the Society determined by the Deputy Registrar, Firms, Societies and Chits, Faizabad Division, Faizabad by means of order dated 28.3.2014.

3. Dwapar Vidyapeeth Parishad, Village Barayipara, Post Office Mayabazar, Pargana Amsin, Tehsil Sadar, District Faizabad is a Society registered under the Societies Registration Act and it runs and manages two institutions, one of which is a Degree College and other is an Intermediate College.

4. The Deputy Registrar by means of order dated 28.3.2014 (Annexure 14 to the writ petition) determined the final list of members of the General Body of the Society which according to the said order comprised of 13 members. On the basis of said determination of the electoral college/members of the General Body of the Society, the election schedule was also declared by means of order dated 28.3.2014 and in terms of the said election schedule the elections have also been held.

5. The petitioners, however, filed a Writ Petition No. 2263(MS) of 2014 challenging the validity of the order dated 28.3.2014 whereby the list of members of the General Body of the Society was finalized. This Court in the said writ petition passed an order on 15.4.2014 requiring the learned State Counsel to produce the record of the Society for its verification for the purpose of ascertaining as to whether the determination of the members of General Body of the Society has been done by the Deputy Registrar, vide his order dated 28.3.2014, correctly or not. However, the said writ petition was finally disposed of by means of order dated 7.7.2014 by observing that since the election of the Executive Body of the Society had been held, appropriate remedy available to the petitioners would be to approach the Prescribed Authority under Section 25 of the Societies Registration Act. The Court while passing the said order dated 7.7.2014 further observed that apprehension of the petitioners that validity of the membership of the General Body of the Society may not be considered by the Prescribed Authority was unfounded as Prescribed Authority has all the powers to examine the validity of the membership. Accordingly, petitioners were given liberty to approach the Prescribed Authority under Section 25 of the Societies Registration Act and the Prescribed Authority was directed to examine all the contentions including challenge to validity of the election and voter’s list. The order dated 7.7.2014 is being reproduced herein below :

“Case : MISC. SINGLE No. 2263 of 2014

Petitioner : C/M Dwapar Vidyapeeth Parishad Throu Its Secy./Mantri and another

Respondent : State Of U.P.Throu Its Secy.Institutional Finance and others

Counsel for Petitioner : Manish Kumar,Ajay Pratap Singh,M B Singh

Counsel for Respondent : C.S.C.,Sanjay Kumar Singh,Vishnu Dev Shukla

Hon’ble Sudhir Kumar Saxena,J.

Heard learned counsel for the parties and perused the record.

By means of this writ petition, petitioner has challenged the order dated 28.3.2014 passed by the Deputy Registrar Firms, Societies and Chits, Faizabad Division, Faizabad issuing the final voter list and proclamation of election programme.

It is submitted by Sri M.V. Singh, learned counsel for the petitioner that election disputed by the petitioner has been held.

Since election h

































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