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ABDUL MOIN
Sarfaraj Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ABDUL MOIN, J.
1. Heard Sri. Sharad Pathak, learned counsel for the petitioners, learned Additional Chief Standing counsel appearing for the State/respondents and Sri. S.K. Kalia, learned Senior Advocate assisted by Sri. Yogendra Kumar Mishra, learned counsel appearing for the 4.
2. Instant writ petition has been filed praying for the following reliefs:
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to finalize the list of members of the General Body of the society in view of the parameters provided in Section 4-B of the Societies Registration Act, 1860 and include name of petitioners in the final list of members of the society.”
3. The case set forth by the petitioners is that the last elections of the society were held on 18.06.2019 of which the result was declared on 19.06.2019. Copy of the result has been filed as annexure 4 to the writ petition. One Sri. Imtiyaz Ahmad was elected as Secretary.
4. Thereafter, it was decided to in
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
The Registrar's examination under Section 4-B of the Societies Registration Act, 1860 is limited to inclusion and deletion of members, and membership claims require examination in a civil suit.
The validity of society member induction must be adjudicated by civil courts, not administrative bodies, given the complexity and private nature of disputes surrounding it.
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
The court ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
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