The court ruled that the electoral process initiated under the Societies Registration Act must be followed strictly with adherence to statutory provisions, and disputes regarding membership validity should primarily be resolved in civil courts.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Rajieu Kumar Tripathi, learned Advocate for the appellant, Sri Sandeep Dixit, learned Senior Advocate assisted by Sri Vijay Dixit, learned Advocate for the opposite party No.1, learned Standing Counsel for opposite party Nos.2 to 4, Sri Gaurav Mehrotra, learned Advocate for opposite party No.5, Sri Amit Jaiswal, learned Advocate for opposite party No.6, Sri Vikas Vikram Singh, learned Advocate for opposite party Nos.7 and 8 and Sri Manu Dixit, learned Advocate for opposite party No.9.

2. These two intra-court appeals have been filed under Chapter-VIII Rule 5 of the Allahabad High Court Rules, 1952, challenging the judgment and order dated 19.8.2019 passed by learned Single Judge in Writ Petition No.5413 (M/S) of 2015 and Writ Petition No.5783 (M/S) of 2015.

3. Factual matrix of the case is that there is a registered society registered on 29.12.1998 under the provisions of Societies Registration Act, 1860. The registration of the society was renewed from time to time and the last renewal was granted vide order dated 29.12.2013 for the period of 5 years i.e., up to 28.12.2018. The object of formation of the society is given under the memorandum of association. The object of the society is to promote practical oriented business management information and computer application, education, training, research and development consultancy etc. It has further been provided to promote and manage educational and vocational institutions, schools/colleges affiliated to any approved educational body/authority within Union of India besides other objects as mentioned in the Memorandum.

4. At the time of registration of the Society, the following were the members of the Executive Committee with whom the management of the affairs of the Society was entrusted:-

(i) Mr. Laxmi Narain Agrawal, S/o Late R.S. Agrawal;

(ii) Mr. Banwari Lal Kanchhal, S/o Late C.L. Agarwal;

(iii) Mr. Nagendra Kumar Agarwal, S/o Shri P.L Agarwal;

(iv) Smt. Pooja Agarwal, W/o Shri Pankaj Agarwal;

(v) Prof. (Dr.) S.P. Dixit, S/o Late B.V. Dixit;

(vi) Dr. Bhartendu Agarwal, S/o Shri L.N. Agarwal; and

(vii) Dr. Swati Agarwal, W/o Dr. B. Agarwal

5. Bye-laws of the Society prescribe three kinds of members i.e. (i) Founder Member; (ii) Life Member; and (iii) Honourary Member. Founder Member is Mr. Laxmi Narain Agrawal. He has been authorized to nominate any life-member as founder member, considering the contribution to the cause of the Society in the form of money, besides physical efforts.

6. All the seven members of the Society are also life members of the Society. The President of the Society has right to nominate any person or persons from time to time as honourary member of the Society and likewise to withdraw such nomination at any time.

7. Termination of membership from the Society can happen in the following eventualities:-

(i) on resignation;

(ii) on death;

(iii) on expiry of the term:

(iv) insanity or idiosyncrasy;

(v) on conviction in any criminal offence, involving moral turpitude;

(vi) bodily infirmity or immorality; and

(vii) indiscipline.

8. The Society consists of two organs i.e. (i) general body; and, (ii) executive body. The general body consists of all members of the Society. The general body has to meet at-least once in a year. An extraordinary meeting of the general body can be called in case of emergency by the President o