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2017 Supreme(All) 1142

ALLAHABAD HIGH COURT
MANOJ MISRA, J.
BOARD OF TRUSTEES MIFTAH-UL-ULOOM AND OTHERS - Petitioners
Versus
REGISTRAR, FIRMS SOCIETIES AND CHITS, U.P. LUCKNOW AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 34178 of 2017, decided on 13th October, 2017)

Advocates:
Counsel :
Rahul Srivastava and Ashok Khare for the Petitioners; C.S.C., Mohammad Hisham Qadeer, Umair Mahmood and Zainul Abdin for the Respondents.

Headnote:Societies Registration Act, 1860—Section 25(2)—Election—Educational Society—Minority Institution—Resolutions passed by General Body—Challenge against—Interim order did not confer any benefit on any party—Whether in view of interim order, resolution cannot be approved? Whether term of Committee would commence from 27.5.2013 i.e. date of order of Assistant Registrar or from date of its election?—In view of injunction order, a law abiding member should not have participated in a meeting which seeks to alter status quo—As such how resolution dated 6.10.2013 reflect collective will of general body—Assistant Registrar justified in holding that resolution dated 6.10.2013 being in teeth of injunction order was invalid—As such subsequent resolutions also cannot be sustained and rightly been disapproved—Committee was admittedly elected on 23.6.2011, its term, which was three years, had expired by the date Assistant Registrar decided the issue—No merit found in the petition. [Paras 26 to 37]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Manoj Misra, J.—The present petition has been filed against an order dated 12.6.2017 passed by the Assistant Registrar, Firms, Societies & Chits, Moradabad Division, Moradabad (in short Assistant Registrar) by which the Assistant Registrar has disapproved the resolutions dated 6.10.2013, 20.4.2014 and 10.9.2015 allegedly passed by the general body of a Society named M/s. Board of Trustees Miftah-Ul-Uloom, Chandpur Bijnor, and, after declaring the management committee time barred, has directed holding of election under Section 25(2) of the Societies Registration Act, 1860 (in short the Act, 1860). Apart from above, a direction has also been issued to the Secretary of the time barred Committee, namely, Mohammad Rehan (the petitioner No. 2), to supply a list of valid members of the general body of the Society to enable holding of election after its verification.

2. The facts giving rise to the present petition are as follows :

M/s. Board of Trustees, Miftah-Ul-Uloom, Chandpur, Bijnor (in short the Society) is a society registered under the Act, 1860 which seemingly runs a Madarsa and has also established an Inter College. The last election of the office bearers of the Society, according to the own case of the petitioners, was held on 23.6.2011. According to the petitioners, the petitioner No. 2 was elected as Secretary whereas the petitioner No. 3 was elected as President. The election proceedings dated 23.6.2011 were forwarded to the Assistant Registrar for registration of list of office-bearers as well as for renewal of the Society. While the matter was pending with the Assistant Registrar, another election dated 21.12.2012 was set up by one Abdul Sami Siddiqui. The Assistant Registrar, vide order dated 27.5.2013, approved the election dated 23.6.2011 and registered the list of office-bearers which was submitted by the petitioners.

3. A review of the order dated 27.5.2013 was sought which was rejected by the Assistant Registrar by order dated 7.7.2013.

4. Assailing the orders dated 27.5.2013 and 7.7.2013, Writ C No. 39996 of 2013 was filed which was dismissed by order dated 29.7.2013 with liberty to the aggrieved party to raise its grievance before the Prescribed Authority, under Section 25(1) of the Act, 1860 in accordance with the procedure prescribed therein.

5. Against the order dated 29.7.2013 passed by the learned Single Judge in Writ C No. 39996 of 2013, Special Appeal No. 1439 of 2013 (in short Special Appeal) was filed before a Division Bench of this Court.

6. On 4.10.2013, in the Special Appeal, an interim order was passed. The operative portion of the interim order dated 4.10.2013 provided as follows:

“List this matter after six weeks.

On the facts, it is directed that till the next date of listing, operation of the order passed by learned Single Judge dated 29.7.2013 and the order passed by Assistant Registrar dated 27.5.2013 shall remain stayed and in respect to Madarsa Miftahul Uloom status quo be maintained by all concerned.”

7. It is the case of the petitioners, which is also supported by a report obtained from the computer section of this Court, that Special Appeal No. 1439 of 2013 was listed on 29.11.2013 but the interim order dated 4.10.2013 was not extended. Photocopy of various orders passed in Special Appeal No. 1439 of 2013 have been supplied to demonstrate that on 15.5.2015 the Special Appeal was listed before a Division Bench of this Court and the case was passed over on an illness-slip sent by one of the counsels, and, thereafter, on 14.7.2015 the case was again listed whereupon the record of the case was directed to be placed before Hon’ble the Chief Justice for nomination of a Bench. Thereafter, on 20.8.2015, the Special Appeal was dismissed for want of prosecution and the interim order, if any, was discharged. Subsequently, a restoration application was filed, which was allowed by order dated 30.8.2016 whereby the order dated 20.8.2015 was recalled and by a separate order on the Spec









































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