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IN THE HIGH COURT OF ALLAHABAD
HON'BLE SALIL KUMAR RAI, J.
C/M Jairajpur Muslim Educational Society And Another - Petitioners
Versus
Assistant Registrar Firms, Societies And Chits And Another - Respondents
Writ - C Nos. 30624, 23066 of 2023
Decided On : 16-07-2024
ELECTIONS - Societies Registration Act, 1860; Uttar Pradesh Intermediate Education Act, 1921 - Sections 4, 25(1), 25(2), 4-B - The court discussed the jurisdiction of the Assistant Registrar under the Societies Registration Act, emphasizing that disputes regarding elections must be referred to the Prescribed Authority under Section 25(1) if a bona fide dispute exists. The court highlighted that the Assistant Registrar has the authority to reject election claims if the necessary documentation is not provided, and that the process for holding elections under Section 25(2) must follow a proper examination of membership lists under Section 4-B. The decision was influenced by the need for clarity and consistency in the electoral process of the Society.
Fact of the Case:
The Jairajpur Muslim Educational Society, registered under the Societies Registration Act, held elections for its governing body. Following the death of the Secretary, a new Secretary was elected, but subsequent elections were disputed. The Assistant Registrar recognized the first election but rejected the second, leading to two writ petitions challenging the decisions.
Finding of the Court:
The court found that the Assistant Registrar acted within jurisdiction in rejecting the second election due to lack of documentation. However, it ruled that the tentative list of members notified was contrary to law as it did not consider the different lists submitted by the petitioner.
Issues: Whether the Assistant Registrar had jurisdiction to reject the elections held on 20.10.2022 and whether the tentative list of members was valid.
Ratio Decidendi: The court held that the Assistant Registrar must refer disputes regarding elections to the Prescribed Authority if a bona fide dispute exists. It also ruled that the Registrar must first resolve membership lists under Section 4-B before proceeding with elections under Section 25(2).
Final Decision: Writ – C No. 30624 of 2023 was dismissed, and Writ – C No. 23066 of 2023 was allowed, quashing the tentative list of members and directing the Assistant Registrar to examine the membership lists before holding elections.
JUDGMENT :
Hon'ble Salil Kumar Rai, J.
1. The above mentioned two writ petitions were connected by order of this Court, therefore, were heard together and are being decided by a common judgment.
2. The petitioners in Writ – C No. 30624 of 2023 shall be referred as ‘petitioners’ in the present judgment and the petitioners in Writ – C No. 23066 of 2023 shall be referred as ‘respondents’ in the present judgment.
3. The facts of the case are that Jairajpur Muslim Educational Society, Jairajpur, Azamgarh, Uttar Pradesh (hereinafter referred to as, ‘Society’) is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as, ‘Act, 1860’) and the registration of the Society stands renewed for a period of five years w.e.f. 12.10.2020. The Society manages an Institution in the name of Nishwa Inter College, Jairajpur, Azamgarh which is a recognized Institution under the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as, ‘Act, 1921’) and receives grant-in-aid upto Junior High School.
4. The admitted elections of the governing body and the office-bearers of the Society were held on 23.10.2019 in which one Abdul Haqim was elected as Secretary/Manager and the petitioner no. 2 was elected as Joint Secretary. Under the byelaws of the Society, the term of the governing body and the elected office-bearers of the Society is three years. Under the bye-laws of the Society, the Joint Secretary, in absence of the Secretary, is empowered to summon the meetings of the Society. Abdul Haqim died on 1.11.2020. The petitioner no. 2, being the Joint Secretary of the Society, summoned a meeting of the governing body on 23.9.2022 to fill up the vacancy on the post of Secretary caused due to death of Abdul Haqim and in the said meeting, the petitioner no. 2 was elected as Secretary for the remaining term. On 10.10.2022, the petitioner no. 2 submitted the requisite documents before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh for registration. The list of the elected office-bearers and also list of the members of the general body for the year 2022-23 were also filed by the petitioner no. 2 before the Assistant Registrar for registration under Section 4 of the Act, 1860.
5. The petitioner no. 2 claims that on 20.10.2022, fresh elections to constitute the governing body of the Society and to elect its office-bearers were held in which the petitioner no. 2 was elected as Secretary and one Sri Wasiudin was elected as President. It is also claimed by the petitioner no. 2 that the documents relating to the elections held on 20.10.2022 along with the list of newly elected office-bearers and a list of members of the general body for the year 2022-23 were submitted before the Assistant Registrar for registration under Section 4 of the Act, 1860. The list of members of the general body submitted along with proceedings of the election dated 20.10.2022 was different from the list of the members of the general body submitted on 10.10.2022. The list of the members of the general body submitted on 10.10.2022 has been annexed as Annexure No. 6 to the writ petition and contains the name of the respondents while the list of the members of the general body of the Society for the period 2022-23 submitted along with the proceedings of the elections held on 20.10.2022 excludes the respondents and has been annexed as Annexure No. 7 to the writ petition.
6. The Assistant Registrar, Firms, Societies and Chits, i.e., respondent no. 1 vide his order dated 28.6.2023 has recognized the elections dated 23.9.2022 wherein petitioner no. 2 was elected as Secretary but has rejected the elections claimed by the petitioners to have been held on 20.10.2022. By the same order dated 28.6.2023, the Assistant Registrar has held that the term of the governing body of the Society had already expired, therefore, elections were to be held under Section 25(2) of the Act, 1860 and by the same order, the Assistant Registrar has
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Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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 central legal point established in the judgment is that the constitution of the governing body shall be valid only upon approval, and the tenure of the governing body shall commence from the date....
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....
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....
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