Point of Law: No interference can be made in a writ petition for contesting the validity of the claim of members and the electoral college finalised by Assistant Registrar and the remedy open for petitioners is either for filing a civil suit or election petition.

JUDGMENT :

Manju Rani Chauhan, J.

1. As the basic facts, impugned order and legal aspects involved are identical in both the writ petitions, they have been clubbed and heard together and are being decided by this common judgement. The facts recorded in Writ C No. 30950 of 2021 (Adhoc C/M Sri Kashi Annapurna And Another Versus State of U.P. And 6 Others) are being treated to be the leading case.

2. Heard Mr. H.N. Singh, Senior Advocate assisted by Mr. Vineet Kumar Singh, learned counsel for the petitioners’ Committee of Management, Mr. Mangala Prasad, Senior Advocate assisted by Mr. Abhishek Dwivedi, learned counsel for the petitioners, Mr. Kartikeya Saran, learned counsel for respondent nos.3 and 4, Mr. Shailendra Singh and Mr. Aseem Mukherjee, learned Standing Counsel for the State-respondents.

3. The writ petition has been filed by the petitioners with the following prayer:-

“(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.11.2021 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi so far it denied the membership to 27411 members of the Society and confined its membership to 286 only.

(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order referred to above and to stay all further proceedings consequent thereupon during the pendency of the writ petition before this Hon’ble Court.

(c) Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow further 27411 members of the general body of Society namely Sri Kashi Annapurna Vasavi Arya Vyaya Vrudhashramam and Nityanna Satram,Varanasi apart from 286 members finalized by the Assistant Registrar, Firms, Societies and Chits, Varanasi in the election of the Society to be held under Section 25(2) of the Societies Registration Act, 1860.”

4. Brief facts of the case are that “Sri Kashi Annapurna Vasavi Arya Vyaya Vrudhashramam and Nityanna Sataram, Varanasi (hereinafter referred to as ‘the Society’) is a Society duly registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ‘Act, 1860’). The aforesaid society was initially registered on 10.09.1999 and has been renewed from time to time.

5. As per the bye-laws of the Society, the first Executive Committee will function for the term of five years and this period was liable to be extended for another five years. The founder Committee dated 10.09.1999 functioned for five years and its term was extended for another five years, as such, the founder Committee worked up to 10.09.1999. That as per the byelaws of the Society amended from time to time, there is no specific provision of induction of person as member of the general body by any resolution either of managing committee, executive committee or general body.

6. Clause 5 of the bye-laws of the Society enunciates that the person, who are from Arya Vysya Community, are eligible for membership of old age home and Sataram and the founder members and any donor, who contributes Rs.25,156/-or more to any existing donations schemes or any other donations schemes, to be introduced in future, shall be a general body member, only after the full payment is realized, thus, the criteria of the membership is only donation to the Society and it is automatic subject to condition that the person is of Arya Vysya Community and has contributed Rs.25,156/- as a donation to the Society.

7. Clause 7 of the bye-laws provides that membership of the general body of the Society is hereditary and in case of death or retirement of the general body member, their legal heirs or nominees will become members, which means that the member of Arya Vysya Society, who has once donated Rs.25,156/- will be considered as member along with his legal heirs.

8. A dispute arose, as the rival set has claimed that, on the basis of alleged election held on 29.7.2012 Jakka Naag Bhushanam was elected as President, as he resign