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2015 Supreme(All) 3405
ALLAHABAD HIGH COURT
Devendra Kumar Upadhyaya, J.
C/M Chaudhary Ram Aadhar Santbux Singh Gramin Shiksha Samiti - Appellant
Versus
State of U.P. & Others - Respondent
Misc. Single No. - 2529 of 2013
Decided On : 20-08-2015
For the Petitioner: Ram Kumar Singh
For the Respondent: C.S.C.,Anurag Srivastava
The Deputy Registrar's jurisdiction under the Societies Registration Act, 1860 is limited to accepting the list of members, and election disputes should be referred to the prescribed authority under Section 25(1).
Headnote:
Societies Registration Act - Validity of Order - Section 4 - Section 25(1)
Fact of the Case:
The petitioners challenged the validity of an order accepting the list of office bearers of a society under the Societies Registration Act, 1860. The petitioners disputed the validity of the election allegedly held on 15.06.2010, on which the list was based.
Finding of the Court:
The Deputy Registrar's acceptance of the list without referring the election dispute to the prescribed authority under Section 25(1) was held to be improper.
Issues: Validity of the order accepting the list of office bearers and the Deputy Registrar's jurisdiction to decide election disputes.
Ratio Decidendi: The Deputy Registrar's authority under Section 4(1) is limited to accepting the list of members, and he should refer election disputes to the prescribed authority under Section 25(1).
Final Decision: The writ petition was allowed, and the impugned order was quashed. The Deputy Registrar was directed to make a reference to the prescribed authority under Section 25(1) within two weeks.
Devendra Kumar Upadhyaya, J.
Heard Shri Ram Kumar Singh, learned counsel for the petitioners and learned Standing Counsel appearing for the State.
2. No one has put in appearance on behalf of respondent no.3, though he is reported to be sufficiently served.
3. Petitioner no.1 alleges himself to be duly elected member of the Committee of Management of a society known as Chaudhary Ram Aadhar Sant Bux Singh Gramin Shiksha Samiti, Village-Gadha, Post Office-Nagram, District Lucknow, whereas petitioner No.2 alleges himself to be duly elected Manager of the said Society. They, in these proceedings instituted under Article 226 of the Constitution of India, have assailed the validity of the order dated 19.05.2012, passed by the Deputy Registrar, Firms, Societies & Chits, Lucknow Division, Lucknow, whereby the list of office bearers of managing body of the society submitted by the respondent no.3 has been accepted by the Deputy Registrar, Firms, Societies & Chits, Lucknow Division, Lucknow, under Section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the Act,1860).
4. Learned counsel for the petitioners has argued that since the petitioners and various other members of the managing body of the society had disputed the validity of the election allegedly held on 15.06.2010, on the basis of which, the list of members of the managing body of the society was presented by Shri Vinod Kumar-respondent no.3, hence, the impugned order accepting the said list could not have been passed and the matter ought to have been referred for decision before the Prescribed Authority in terms of Section 25 (1) of the Act, 1860.
5. On the other hand, learned Standing Counsel has attempted to defend the impugned order dated 19.05.2012, passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow stating that the impugned order has been passed by giving appropriate opportunity to all concerned including the petitioners.
6. Despite notice, no one has put in appearance on behalf of respondent no.3.
7. On a perusal of the impugned order dated 19.05.2012, the facts which can be deduced and are relevant for deciding the issues involved in this case are that a society in the name and style of "Chaudhary Ram Aadhar Singh Gramin Shiksha Samiti, Village-Gadha, Post Office-Nagram, District Lucknow" was registered on 16.06.1998 with Registration No.666/1998-1999 for a period of five years. The said registration of the Society was renewed on the basis of the papers presented by the then Manager Shri Lala Ram Verma (petitioner no.2 herein) for a further period of five years on 16.07.2003 with effect from 16.06.2003. At that relevant point of time, after the death of the earlier Manager, Shri Ram Verma and that of the Deputy Secretary, Shri Jagdish Prasad, Shri Lala Ram Verma (petitioner no.2 herein) and Shri Deep Prakash Verma were shown to have been elected as manager and Deputy Secretary respectively.
8. It is found from a perusal of the impugned order that on 22.08.2005 petitioner no.2 moved an application for changing the name of the society as Chaudhary Ram Aadhar Santbux Singh Gramin Shiksha Samiti from Choudhary Ram Aadhar Singh Gramin Shiksha Samiti. The application made in this regard by petitioner no.2 was allowed by means of an order dated 31.08.2005, passed by the Deputy Registrar. Accordingly, registration certificate in the changed name of the society was also issued on 16.09.2005 and amended bye-laws were also registered. On 21.06.2008 petitioner no. 2 applied again for renewal of the registration certificate, which was too renewed on 27.06.2008.
9. Thereafter respondent no.3 moved an application on 23.05.2011 based on the alleged election held on 15.06.2010 for acknowledging the members of the elected managing body of the society before the Deputy Registrar. On the said application it appears that certain objections were raised by the office of the Deputy Registrar, on which respondent no.3 appears to h
