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2018 Supreme(All) 1397

IN THE HIGH COURT OF ALLAHABAD
BEFORE : SUDHIR AGARWAL AND OM PRAKASH-VII, JJ.
T.P. SINGH (EN. NO. 2473), SENIOR ADVOCATE ....PETITIONER
Versus
REGISTRAR/ASSISTANT REGISTRAR, FIRMS SOCIETIES & CHITS, TELIYARGANJ AND OTHERS ....RESPONDENTS
(Civil Misc. Writ Petition No. 58426 of 2017, decided on 10th October, 2018)

Advocates:
Counsel :
Siddharth Nandan and Shashi Nandan for the Petitioner; C.S.C. and S.D. Kautilya for the Respondents.

Headnote:Societies Registration Act, 1860 – Section 4B – Removal – Society – List of members – Non inclusion of name of any member – Power of Registrar to examine – When modified list is submitted to Registrar, examination allowed to be made by Registrar in respect of correctness of list of members of General Body in subsection (1) of Section 4B would also include removal of member(s) – Registrar/Assistant Registrar may not go into detailed adjudication of a disputed question of fact like a Civil Court and remedy would be available to party concerned to take recourse to Civil Court – However Registrar/Assistant Registrar is obliged to examine issue of correctness of alteration or change or modification in list of members when an objection is taken – Cancellation/termination / removal of membership is a mode of alteration of list of General Body of Society – Documents which are supposed to be furnished to Registrar/Assistant Registrar specifically mentioned in Section 4B and from those documents whatever facts discern, may be seen to find out whether Society in a bona fide manner has followed its own procedure laid down in Bye laws – Fact that request has been made that resolution should be cancelled or be declared illegal by itself would not deprive Registrar/ Assistant Registrar from entering into scrutiny to the extent it is mandated by Section 4B – In instant case Assistant Registrar in observing that it has no authority to consider objection of petitioner that he has been removed from membership of General Body of Society without following procedure laid down in byelaws – Failed to exercise statutory jurisdiction vested in it – Order passed by Assistant Registrar set aside – Assistant Registrar directed to examine objection raised by petitioner with regard to his removal from membership of General Body. [Paras 53, 55 and 56]

       Result; Petition Allowed.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Aggrieved by order dated 26.8.2017 issued by Assistant Registrar, Firms, Societies and Chits, Teliyarganj, Mehdauri Colony, Allahabad (hereinafter referred to as the “Assistant Registrar”) to the extent it has observed that issues raised by petitioner are not within the purview of Section 4B of Societies Registration Act, 1860 (hereinafter referred to as “Act, 1860”), present writ petition has been filed challenging aforesaid order to that extent. Petitioner has also prayed for issue of a writ of certiorari for quashing resolution dated 17.1.2016, passed by Governing Council of Kayastha Pathshala, Prayag (hereinafter referred to as “Society”) which was affirmed in the meeting of Governing Council dated 7.2.2016 and 27.3.2016 to the extent of removal of membership of petitioner from various offices held by him being past President and Honorary General Secretary as also the membership of General Body. Third prayer is for issue of a writ of mandamus directing Assistant Registrar to decide petitioner’s application dated 28.2.2017, expeditiously.

2. Brief facts giving rise to present writ petition are that “Kayastha Pathshala Prayag, Allahabad” is a registered Society registered under Act, 1860 and constituted with an aim and object as contained in Bye laws/ Rules of Society. Basically the purpose is to impart education to various Sections of Society in general and upliftment of Kayastha community in particular. Petitioner was enrolled as Member of General Body of Society, assigned Enrollment No. 2473, and his name was placed at Serial No. 740. When Society applied for renewal, it also communicated to Assistant Registrar about cancellation of Membership of petitioner, whereupon a notice was issued to petitioner by Assistant Registrar under Section 4 of Act, 1860 and Society was also directed to produce relevant record for verification and inquiry, whether petitioner’s Membership was cancelled as per procedure prescribed under Bye laws.

3. On 17.1.2016, meeting of Governing Council was convened. Item No. 2 in the agenda related to letter dated 15.12.2015 sent by petitioner. Members present in the meeting took a view that language used in letter is contemptuous and derogatory to the Members of Election Tribunal and, therefore, deserves cancellation of petitioner’s Membership under Clause 17(vi) of bye laws. Ultimately resolution was passed to cease Membership of petitioner. Minutes of meeting dated 17.1.2016 with regard to cessation of petitioner’s Membership of Society was confirmed in the meeting dated 7.2.2016. The aforesaid minutes dated 17.1.2016 and 7.2.2016 were placed before Governing Council’s meeting dated 27.3.2016 but no otherwise decision was taken. On receiving communication of aforesaid decision, Assistant Registrar issued notice dated 16.4.2016 requiring Society to place proceeding register, membership register, information register, counterfoil of membership receipt, cashbook, bank passbook and other report and documents relating to management of Society. Petitioner claims to have filed an objection raising various issues including about termination of his membership. The above objection was not decided and the matter remained pending before Assistant Registrar which caused filing of Writ Petition No. 53462 of 2016 by petitioner seeking following reliefs:

“A. writ or direction in the nature of mandamus directing the Respondent No. 1 i.e. Registrar/ Assistant Registrar, Firms, Societies and Chits, Allahabad to decide the objections being registered as File No. 1, File No. 2, File No. 3 and File No. 4 raised against the Respondent No. 2 under Section 4, 12(d) and 24 of the Societies Registration Act, 1860.

B. Any suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

C. To award cost of the writ petition to the Petitioner.”

4. This writ petition was disposed of vide judgment dated 10.11.2016 passed by a learned S








































































































































































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