By the Court.—

Civil Misc. Delay Condonation Application No. 320497 of 2016

Delay in filing the Special Appeal has been explained to the satisfaction of the Court.

Delay is condoned.

Delay Condonation Application is allowed.

Order on Memo of Appeal

Heard learned counsel for the parties.

2. Counsel for the petitioner submits that writ petition No. 58418 of 2008 as well as present appeal may be disposed at this stage without calling for any further affidavit.

3. While hearing the present Special Appeal a Division Bench of this Court framed two issues for consideration by a larger Bench under the judgment and order dated 3.10.2016 which read as under :

“(a) Whether there can be a mandamus to the Authorised Controller/District Magistrate to hold election of office-bearers of a registered society contrary to the provisions of Section 25(2) of the Societies Registration Act.

(b) In the facts of the case, in absence of the determination of the electoral college in terms of the directions dated 3.1.2007 issued in Writ Petition No. 48538 of 2007, whether there can be a direction to the Authorized Controller/District Magistrate to hold elections, more so when the Second Appeal is pending”

4. The aforesaid issues have been answered by the Full Bench under its judgment dated 16th December, 2016. The counsel for the appellant would contend that the majority opinion of the Full Bench may not be strictly correct. Inasmuch as extraordinary powers of the High Court under Article 226 of the Constitution of India cannot extend to confer jurisdiction not vested in the authority or to issue a direction which may run contrary to the statutory provision.

5. The Court has no competence to issue a direction contrary to law nor the Court can direct an authority to act in contravention of statutory provisions. In State of Punjab v. Renuka Singla, AIR 1994 SC 595: 1994 AIR SCW 330: (1994) 1 SCC 175, dealing with a similar situation, Supreme Court observed as under :

“We fail to appreciate as to how the High Court or Supreme Court can be generous or liberal in issuing such directions which in substance amount to directing the authorities concerned to violate their own statutory rules and regulations....”

6. We are of the opinion that since the reference has been answered on the issues framed in the present appeal itself, it will not be proper for this Court to entertain any challenge on the correctness or otherwise of the Full Bench opinion. We leave the issue to be examined in a appropriate case. We are not expressing any final opinion in that regard. We only record that the majority opinion of the Full Bench would be binding upon us. We, therefore hold that the direction issued to the District Magistrate in the facts of the case for conducting the fresh elections of the Committee of Management warrants no interference in the present appeal.

7. So far as the second issues is concerned, the majority opinion in the Full Bench has held that the same is a factual issue which can always be examined by Special Appeal Bench.

8. In light of the said opinion of the Full Bench, we proceed to examine the correctness or otherwise of the direction issued for holding of the fresh elections without determination of the electoral college as was directed under the earlier orders of the High Court dated 3.1.2007 in writ petition No. 48538 of 2007.

9. Relevant facts for deciding this issues are as under :

Dadar Ashram Trust Society is a society registered under the Societies Registration Act. The said society runs a degree college affiliated to Mahatma Gandhi Kashi Vidyapeeth, Varanasi. It is not in dispute that the elections for the Committee of Management for managing the degree college are held in accordance with the bye laws of the Society. It is further not in dispute that an Authorized Controller has been working in the institution for long.

10. Writ petition was filed before the High Court being No. 48538 of 2007 (The Committee of Management, Dadar Ashram Tru