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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL MOIN, J.
Sarfaraj Ahmad and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ (C) No. 1313 of 2022
Decided On : 05-03-2022
Societies Registration Act, 1860 - Section 4-B - Elections of Society - Nature of certiorari quashing of impugned order - Petitioners is that last elections of society were held on of which result was declared Copy of result has been filed as annexure to writ petition - One was elected as Secretary - Thereafter it was decided to induct new members and thus a notice was issued both in newspaper as well as pasted on notice board of society inviting application - It is contended that various persons had applied for membership including petitioners - As per bye-laws petitioners had deposited a sum of each for membership fee - All applications for membership were considered in general body meeting held on a copy of which is annexure to writ petition - Deputy Registrar is supposed to act administratively by applying his mind on the facts and documents placed before him and to that extent an inquiry can be made by the Registrar to find out whether list of members or change in the list of members is correct or not- Para 18.
Finding of the Court: So far as judgment of this Court in case of is concerned suffice to say that in said judgment Court had noted in that the list of members was admitted by Deputy Registrar by passing an order and list was not merely presented - Admittedly in this case list of members was only presented and never admitted and thus it was in those Court held that an opportunity of hearing was required to be given to the members -As such said judgment would not be applicable in present case - So far as judgment in case of is concerned judgment of has been followed without noticing distinguishing factors as are present in present case and judgment of would also not be applicable.
Result: Writ Petition is Dismissed.
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 induct new members and thus a notice was issued both in the newspaper as well as pasted on the notice board of the society inviting applications. It is contended that various persons had applied for membership, including the 28 petitioners, in September, 2019. As per the bye-laws, the petitioners had deposited a sum of Rs. 1100/- each for the membership fee (the membership as per bye-laws being Rs. 500/-). All the applications for membership were considered in the general body meeting held on 28.09.2019, a copy of which is annexure 13 to the writ petition. In the meeting held on 17.11.2019, the society approved the induction of the petitioenrs as members. Considering Clause 21 of the bye-laws and the secretary being duly authorized as per bye-laws to carry on all necessary correspondence, Sri. Imtiyaz Ahmad the Secretary informed the Registrar about the membership in November, 2019. Certain objections/complaints were filed by one Sri. Ziya Kauser and Hafiz Anwar along with other complaints and the Registrar issued notices to the society to justify the new membership. It is claimed that the even the petitioners filed their objections/representation before the Registrar vide representation dated 19.01.2022, a copy of which is annexure 30 to the petition. The Registrar thereafter proceeded to hear the matter and by means of the impugned order dated 11.02.2022, a copy of which is annexure 1 to the writ petition, held that the membership of the 28 petitioners as members is not established and has thus not found the 28 petitioners to be validly inducted members of the society. He has further directed that the elections be held in the society from the list of 28 members for which objections have been invited for the purpose of correction of any clerical errors in the list of such members.
5. Being aggrieved, the present petition has been filed.
6. Raising a challenge to the impugned order, learned counsel for the petitioners has primarily indicated three grounds namely (a) that the Registrar has patently exceeded his jurisdiction, as provided under Section 4B of the Societies Registration Act, 1860 (hereinafter referred to as “Act 1860”) in examining more documents than prescribed inasmuch as the Registrar could only examine the correctness of the list of members on the parameters and on the basis of documents as indicated in Section 4B of the Act, 1860 (b) no opportunity of hearing had been given to the petitioners while declaring their membership as invalid and (c) the decision making process is bad in the eyes of law. No other ground has been urged or argued.
7. Elaborating the same, Sri. Sharad Pathak, learned counsel for the petitioners argues that Section 4B of the Act, 1860 provides that the Registrar has to examine the correctness of the list of members
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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