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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajesh Bindal, CJ., J.J. Munir, J.
Committee of Management, Madrasa Arbia Azizia Majaharool Uloom, Nichlaul Bazar, Maharajganj - Appellant
Vs.
State of U.P. and others - Respondents
Special Appeal No. 483 of 2022
Decided On : 04-07-2022
Societies Registration Act, 1860 - Section 4, 25(2), 25(1), 25, 4(B) – Registered Society – Annual list of managing body to be filed – Whether procedure for effecting an amendment to bylaws was followed by Assistant Registrar – Held, Court find that appellant was heard and was represented by learned Counsel before learned Single Judge - There is no case either on grounds raised or in affidavit that learned Counsel representing appellant before learned Single Judge asked for time to file a counter-affidavit, which was not granted - Apparently, learned Counsel for appellant, as tenor of judgment impugned would show, chose to address Court on merits without seeking time to file a counter-affidavit - In our opinion, therefore, appellant cannot be permitted to raise a grievance of that kind once before learned Single Judge appellant chose to address Court on merits, sans an affidavit on their behalf - Even otherwise, most of papers were on record of writ petition and issue is essentially about jurisdiction based on facts, that are sufficiently available on existing papers - No prejudice to appellant, therefore, has been demonstrated. In our opinion, learned Single Judge has committed no error in directing Assistant Registrar to make a reference under Section 25(1) of Act - Appeal Dismissed.
JUDGMENT :
This is a respondent's appeal arising out of a judgment and order passed by the learned Single Judge allowing the writ petition.
2. The Committee of Management, Madrasa Arbia Azizia Majaharool Uloom, Nichlaul Bazar, District Maharajganj has its affairs torn by factional war. One faction is represented by Abid Ali, who claims to be the lawfully elected Manager, whereas the other is represented by Muhammadullah.
3. Madrasa Arbia Azizia Majaharool Uloom, Nichlaul Bazar, District Maharajganj is a Society registered under the Societies Registration Act, 1860 (for short, 'the Act'). It was registered on 18.4.1975. The Society is governed by its bylaws. The Society maintains an educational institution. The institution that the Society maintains is funded by the State. The Society has a General Body and a Committee of Management. The tenure of the Committee of Management is three years under the bylaws. Bylaw 23 provides for the various office bearers, who are to be elected from amongst the Members of the General Body. The office bearers are the President, the Vice President, the Manager, the Deputy Manager, besides members of the Committee. Bylaw 26 provides for the contingency, where elections to the Committee of Management cannot be held on schedule and within three years of the last elections. It provides for a holding over in favour of the office bearers of the last elected management till their successors are elected.
4. It is the petitioners' case, who are respondent Nos. 4 to 6 to this appeal, that the last undisputed elections to the Committee of Management were held on 7.10.2018. In those elections, Muhammadullah, the appellant here, was elected the Manager whereas Iltaf Husain, respondent No. 6 to the appeal, was elected the Vice President. The list of office bearers of the Committee of Management elected on 7.10.2018 was duly registered under Section 4 of the Act by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur. It is the petitioner-respondents' case that the appellant, who is effectively Muhammadullah, designed to grab control of the Society. For the purpose, he claimed that he had called a meeting of the General Body on 16.11.2019 for amending the bylaws of the Society. He moved an application on 29.2.2020 before the Assistant Registrar of Societies asking the amended bylaws to be registered. The petitioner-respondents claimed that the Assistant Registrar without issuing notice to all members of the General Body and without following the procedure envisaged for registering an amendment to the bylaws of the Society, registered the amended bylaws on 5.3.2020.
5. The petitioner-respondents then say that by concealing facts, Muhammadullah submitted a forged and fabricated list of office bearers to the Assistant Registrar, seeking its registration under Section 4 of the Act. The petitioner-respondents upon coming to know of the aforesaid fact, filed objections dated 13.7.2021 before the Assistant Registrar. It is the petitioner-respondents' case that upon coming to know of the amendments unauthorizedly made by Muhammadullah, petitioner-respondent No. 6, Iltaf Husain, as the Vice President of the Society, invoked his powers under Clause 23 of the bylaws and convened an emergent meeting of the Committee of Management on 25.9.2020. It is pleaded on behalf of the petitioner-respondents that the agenda for the meeting convened on 25.9.2020 was issued to all members of the General Body in accordance with the bylaws. The meeting of the Committee of Management held on 25.9.2020 was attended by office bearers elected on the basis of the elections dated 7.10.2018. It was held under the Chairpersonship of the Vice President, Iltaf Husain. It was unanimously resolved, according to the petitioner-respondents, that Muhammadullah was acting against the Society's interest. He had submitted an annual list of office bearers for the year 2019-20, different from the one that was in accord with the undisputed elections held
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