Point of Law:
Where on an order being made under sub-section (1) an election is set aside or the office bearers are held no longer entitled to continue in office or the Registrar is satisfied that any election of office bearers of the society has not been held within the time specified in the rules of that Society, he may call meeting of the General Body of the Society, for electing such office bearer or office bearers and such meeting shall be presided over and be conducted by the Registrar or by any officer authorized by him in this behalf, and the provisions in the Rules of the Society relating to meetings and election shall apply to such meeting and elections with necessary modifications.

JUDGMENT :

1. Heard Dr. L.P. Mishra, Advocate, assisted by Sri Sarvesh Kumar Dubey, Advocate and Sri Vivek Raj Singh, learned Senior Advocate, for the petitioners in Writ Petition No.4528 (M/S) of 2010, Writ Petition No.367 (M/S) of 2012, in Writ Petition No.430 (M/S) of 2012 and Sri Prashant Chandra, learned Senior Advocate, assisted by Sri Kartikey Dubey for the private respondents-Vimal Kumar Sharma (now Dead) and some of the members of the Society who have filed an application for dismissal of the aforesaid writ petition. Sri Madan Mohan Pandey, learned Additional Advocate General assisted by Sri Sashank Bhasin, appears for the State-respondents.

2. This bunch of four petitions have been filed relating to a dispute of Motilal Memorial Society, the parent Society situated at Motimahal, Rana Pratap Marg, Lucknow. Motilal Memorial Society (hereinafter referred to as ‘the Society’) was brought into being by Former Chief Minister of the State of U.P., Sri Chandra Bhanu Gupta along with other like minded people as an Educational and Charitable Society. The Society has vast resources and runs 13 Institutions in the State.

As per the Bye-laws of the Society, detailed reference of which shall be made at the appropriate place. A Governing Council of 17 members, 13 of whom being Foundation/Life Members, and the rest four being elected, act as the Committee of Management of the Society. The main office bearers of the Society are the President, a Foundation Member, who also acts as the Chief Executive Officer, a Vice President, an Honorary General Secretary, who also is a Foundation Member, along with a Joint Secretary and Treasurer. The Committee of Management is elected from amongst the members of the Governing Council and its tenure is of three years or till such time that the newly elected Committee of Management takes over charge. The last undisputed election of the office bearers took place on 22.7.2005.

3. In the election held on 22.7.2005, Vishnu Bhagwaan Agarwal was elected as General Secretary, Vimal Kishore Sharma was elected as Vice President and Nagendra Nath Singh was elected as President of the Society.

4. Before such elections were finalized one Dr. Ram Krishna, who was dissatisfied with the process of election, filed Writ Petition No.3740 (MS) of 2005: Dr Ram Krishna versus Registrar, Firms, Societies and Chits, Lucknow and two others, which was dismissed by this Court on 7.7.2005. While dismissing the writ petition, the Court had observed that the petitioner was free to approach the Registrar to exercise his power under Section 25(2) of the Act, who would then take appropriate action in the matter. Dr. Ram Krishna moved a representation before the Registrar on 3.8.2005. The Registrar invoked the provisions of sub-section (2) of Section 25 of the Act and nominated the Deputy Registrar to act as an Election Officer for holding the elections of the Governing Council of the Society. This order was issued in ignorance of the fact that election had already taken place on 22.7.2005.

5. The General Secretary, Vishnu Bhagwaan Agarwal sent a letter to the Registrar, informing him about the meeting of the Governing Council held on 22.7.2005 and election of new office bearers and requested for cancellation of the order dated 3.8.2005. The Registrar on receiving the representation dated 12.8.2005 of the General Secretary Vishnu Bhagwaan Agarwal, after due verification, was satisfied about the legality of the elections held on 22.7.2005 and of the newly constituted Governing Council. Consequently, the Registrar withdrew the order dated 3.8.2005 by the order dated 8.9.2005.

6. Dr. Ram Krishna filed a regular suit registered as Regular Suit No.603 of 2005 for declaration and permanent injunction in the Court of Civil Judge (Senior Division), Lucknow. The Society was represented through its General Secretary Vishnu Bhagwaan Agarwal. Neither the Registrar or the Deputy Registrar whose actions, nor the President and other office bearers of the