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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ASHUTOSH SRIVASTAVA, J.
C/M Maulana Abdul Kalaam Azad Education Society And Another – Appellant
Versus
Assistant Registrar Firms Societies And 4 Others – Respondents
Writ C No. 20596 of 2022
Decided on : 24-08-2022
Societies Registration Act - Dispute over Office Bearers - 1860 - Summary of Acts and Sections: Societies Registration Act, 1860 - Sections 25(I), 4(1) - The court discussed the provisions of the Societies Registration Act, 1860, particularly focusing on the jurisdiction of the Assistant Registrar to adjudicate disputes regarding office bearers of a society and the conditions for referring disputes to the Prescribed Authority. The court emphasized the need for genuine rival claims or disputes and the requirement of prima facie material before the Registrar can validly exercise jurisdiction to refer the dispute to the Prescribed Authority.
Fact of the Case:
The writ petition challenged an order negating the petitioner's claim to hold the post of President of a Society, and approving the claim of another party. The dispute arose after the death of the recognized President and the subsequent election of the petitioner as President against the casual vacancy. The Assistant Registrar rejected the petitioner's claim and approved the rival claimant's proceedings, leading to the writ petition.
Finding of the Court:
The court found that the writ petition was maintainable, despite a preliminary objection regarding the President's authority to maintain the proceedings. The court also held that the impugned order was not passed in violation of natural justice and that the Assistant Registrar had jurisdiction to adjudicate the dispute regarding office bearers of the Society.
Issues: The issues involved the maintainability of the writ petition, the jurisdiction of the Assistant Registrar to adjudicate the dispute, and the compliance with principles of natural justice in passing the impugned order.
Ratio Decidendi: The court's decision was based on the interpretation of the Society's approved bye laws, the jurisdiction of the Assistant Registrar under the Societies Registration Act, and the requirement of genuine rival claims or disputes before referring the matter to the Prescribed Authority.
Final Decision: The writ petition was dismissed as lacking merit, and no costs were imposed.
JUDGMENT :
Ashutosh Srivastava, J.
1. Heard Shri Indra Raj Singh, learned counsel for the petitioners and Shri G. K. Singh, learned Senior Advocate assisted by Shri Anshu Chaudhary, leaned counsel appearing for the caveator-respondent No. 3. The learned Standing Counsel has appeared on behalf of respondent No. 1 & 2.
2. The challenge laid in the writ petition is to an order dated 2.6.2022 passed by the Assistant Registrar, Firms Societies and Chits, Azamgarh Region, Azamgarh/respondent No. 1 whereby and whereunder, the claim of the petitioner No. 2 to hold the post of President of the Committee of Management has been negated while the claim of the respondent No. 3 has been approved.
3. The facts shorn of unnecessary details, necessary for the purposes of adjudicating the controversy involved in the instant writ petition, briefly, stated are that there is a Society in the name and style of “Maulana Abdul Kalaam Azad Education Society, Gram Aadedhi, Post Umapur, Tehsil Sadar, Janpad Mau” duly registered under the provisions of the Societies Registration Act, 1860. The Society has its approved bye laws and the Certificate of Registration is renewed from time to time. The Society has established and runs an educational institution in the name of Maulana Abdul Kalaam Azad Alpsankhayak Shikshak Prasikshan Sansthan, Pardaha, Mau which is duly recognized under the U.P. State Universities Act, 1973 and is managed by recognized Committee of Management whose term is five years. The Certificate of Registration of the Society was lastly renewed vide order dated 16.10.2019 by the Assistant Registrar/respondent No. 1 for a period of five years on the proceedings submitted by Shri Mohd. Javed as Manager and Shri Amit Kumar Singh, as President of the Committee of Management of the Society.
4. The General Body of the Society in its meeting held on 7.2.2021 presided over by the President Amit Kumar Singh resolved to induct at least two new members and in furtherance thereof an Advertisement dated 9.2.2021 was published in the News Daily “Devbrat”, Azamgarh. The petitioner No. 2 Smt. Mridula Mishra and one Nisha Khan are stated to have been inducted as Life Members of the General Body of the Society. Meanwhile, Shri Amit Kumar Singh, the recognized President is stated to have died on 16.4.2021. The Vice President, Shri Wahadullah is stated to be residing in a foreign country. A meeting of the General Body is stated to have been held on 3.10.2021 and the petitioner No. 2 is stated to have been elected as President against the casual vacancy occurred on the death of the President Shri Amit Kumar Singh, for the remaining term of the Committee of Management of the Society. The petitioner No.2 is stated to have submitted the proceedings along with an application dated 12.11.2021. Another set of proceedings were submitted by one Gulam Nabhi alleging himself to be Manager and Ajit Kumar Singh, as President with the Assistant Registrar/respondent No. 1.
5. The Assistant Registrar, Firms Societies and Chits, Azamgarh Region, Azamgarh/respondent No. 1 issued notices to both the rival claimants and after hearing them reserved the judgment on 12.5.2022. By the impugned judgment dated 2.6.2022, the respondent No. 1 has proceeded to reject the claim of the petitioner No. 2 and has approved the proceedings submitted by Gulam Nabhi. The said order is under challenge in the present writ petition.
6. Learned counsel for the petitioners has assailed the order dated 2.6.2022 principally on the ground that:-
the petitioners had submitted written arguments with certain documents and application on 19.5.2022, but the respondent No. 1 failed to consider the same in a prospective manner.
the impugned order has been passed in violation of the prin
The central legal point established in the judgment is the requirement of genuine rival claims or disputes and the need for prima facie material before the Registrar can validly exercise jurisdiction....
The court established that disputes regarding the election of office-bearers in societies must be resolved through the prescribed statutory mechanisms, and that prior judicial determinations do not p....
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The Assistant Registrar has the authority to reject election claims based on insufficient documentation, but must first resolve membership disputes under Section 4-B before conducting elections under....
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
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