Point of law: exercise of power is contrary to law and the same was quashed with the direction to the Assistant Registrar to announce fresh program in accordance with the bye-laws of the society keeping in view the observations made in the judgment

ORDER :

Irshad Ali, J.

1. Heard Sri Sandeep Dixit and Sri Diwakar Singh Kaushik, learned Advocates for the petitioner, Sri Mukund Tewari, learned Advocate on behalf of the respondent No. 1, Sri Pankaj Patel, learned Standing counsel on behalf of the respondent No. 2 and to Sri Gaurav Mehrotra, learned Advocate on behalf of the respondent No. 5.

2. Factual matrix of the case is that there is a society registered under Societies Registration Act, 1860 under the name of Omaxe Residency-I Resident Welfare Association, Arjunganj, Gomtinagar Extension, Sector-7, Lucknow.

3. Initially the society was registered on 30.3.2017 and is valid till 29.3.2022. There is a registered bye-law prescribing to manage the affairs of the society inasmuch as holding of election of the Committee of Management managing the affairs. In the Memorandum of Association, at the time of registration of the society, a list of office-bearers of the Committee of Management of the society was filed before the Deputy Registrar for its registration, wherein petitioner was shown to be elected Secretary of the Committee of Management of the society.

4. In the writ petition, it has been stated that after registration of the society vide order dated 30.3.2017, the Committee of Management took charge on 1.7.2018. Under Clause 26 of the registered bye-laws of the society, it has been provided that the term of the office bearers of the Committee of Management is one year and they will continue to hold the office till the elected office bearers assume the charge of the office.

5. A complaint was lodged by the members of the general body of the society before the Deputy Registrar on 10.7.2018 that the office bearers of the Committee of Management are illegally continuing. Their term has expired, therefore, an order be passed in exercise of power under Section 25(2) for holding the fresh election of the Committee of Management.

6. On the complaint lodged, the Deputy Registrar passed an order on 10.7.2018, whereby direction was issued to the Joint Secretary of the Lucknow Development Authority (in short, "L.D.A.") to pass an order to hold the Committee of Management to be time barred and proceed further to hold election of the Committee of Management in exercise of power under Section 25(2) of the Societies Registration Act, 1860.

7. In pursuance to the order passed by the Deputy Registrar, an election schedule was published notifying the election proposed to commence w.e.f. 29.10.2018 till 1.12.2018, the date of declaration of the election.

8. The petitioner, feeling aggrieved, has filed this petition challenging the order dated 10.10.2018, notifying the election contained as Annexure-1 and 2 to the writ petition.

9. Sri Gaurav Mehrotra, learned Advocate on the very first day, moved an application for impleadment and raised preliminary objection in regard to the maintainability of the writ petition, challenging the election process, on the ground that once the process of election has been started, the writ petition is not maintainable, the remedy available to the petitioner is to file a civil suit after completion of the election of the Committee of Management. He further pointed out that the election proceeding has been initiated in pursuance to an order passed by the Deputy Registrar on 10.7.2018, whereby direction was issued to the Joint Secretary of the L.D.A. to exercise his power holding the Committee of Management to be time barred and further proceeded to hold election. Thereafter, the petitioner has moved an application for amendment in the writ petition challenging the order of the Deputy Registrar dated 10.7.2018.

10. Assailing the order passed by the Deputy Registrar, the submission of learned counsel for the petitioner is that the Deputy Registrar while passing the order dated 10.7.2018 has exceeded his jurisdiction. The power provided under Section 25(2) can only be exercised by the Deputy Registrar himself in holding that the Committee of Management has become time barre