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IN THE HIGH COURT OF ALLAHABAD
MANJIVE SHUKLA, J.
C/M Maulana Abdul Kalam Azad Educational Society And Another - Petitioners
Versus
State of Uttar Pradesh And 3 Others - Respondents
Writ - C No. 13592 of 2024
Decided On : 11-07-2024
SOCIETIES REGISTRATION - Elections and Management of Societies - Section 25(1), Section 25(2) of the Societies Registration Act, 1860 - The court discussed the provisions of Section 25(1) and Section 25(2) of the Societies Registration Act, 1860, which govern disputes regarding the election of office-bearers and the authority of the Prescribed Authority to adjudicate such disputes. The court emphasized that the statutory remedy of appeal under Section 25(1)(d) is available to aggrieved parties, and the importance of finality in judicial decisions was highlighted, referencing the principle that parties should not face the same litigation twice. The court ultimately concluded that the petitioners must pursue the statutory appeal rather than maintain the writ petition.
Fact of the Case:
The petitioners challenged an order directing fresh elections for the Committee of Management of the Maulana Abdul Kalam Azad Educational Society, following disputes over the legitimacy of elections and office-bearers. The Assistant Registrar had previously ruled on the matter, leading to a series of legal challenges regarding the validity of elections and the resignation of key members.
Finding of the Court:
The court found that the dispute raised by Mohd. Javed regarding his resignation and the legitimacy of subsequent elections had not been conclusively adjudicated in prior cases. The court emphasized the need for the Prescribed Authority to resolve the dispute under Section 25(1) of the Act, and noted that the petitioners had previously agreed to this course of action.
Issues: The main issues included whether the petitioners could bypass the statutory remedy of appeal against the order of the Prescribed Authority and whether the previous judgments had conclusively resolved the disputes raised by Mohd. Javed.
Ratio Decidendi: The court held that the statutory remedy of appeal under Section 25(1)(d) of the Societies Registration Act, 1860 must be pursued, as the disputes raised had not been previously adjudicated. The court reiterated the principle of finality in judicial decisions and the importance of not reopening settled matters without sufficient grounds.
Final Decision: The writ petition was dismissed on the grounds of availability of a statutory remedy of appeal, with directions for the appellate authority to decide the appeal on merits expeditiously.
JUDGMENT :
Manjive Shukla, J.
1. Heard Sri Gajendra Pratap, learned Senior Advocate assisted by Sri Rajendra Singh Chauhan, learned counsel appearing for the petitioners, learned Standing Counsel appearing for Respondents No. 1 to 3 and Sri Prabhakar Awasthi as well as Sri Gautam Baghel, learned counsels appearing for Respondent No. 4.
2. Petitioners through this writ petition have assailed the order dated 30.03.2024 passed by the Prescribed Authority/Sub-Divisional Magistrate, Tehsil Mau Nath Bhanjan, District Mau whereby direction has been given to the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh for holding fresh elections of the Committee of Management of the Society under Section 25(2) of the Societies Registration Act, 1860.
3. Learned Standing Counsel appearing for Respondents No. 1 to 3 and Sri Prabhakar Awasthi, learned counsel appearing for Respondent No. 4, at the very outset, have raised preliminary objection regarding maintainability of this writ petition on the ground that the impugned order dated 30.03.2024 has been passed by the Prescribed Authority/Sub-Divisional Magistrate, Tehsil Mau Nath Bhanjan, District Mau under Section 25 (1) of the Societies Registration Act, 1860 and against the said order, petitioners have efficacious statutory remedy of appeal under Section 25(1)(d) of the Act of 1860.
4. Facts of the case, as culled out from the writ petition, are that Maulana Abdul Kalam Azad Educational Society, Village, Aadedhi, Post Umarpur, Tehsil Sadar, District Mau is a Society registered under the provisions of the Societies Registration Act, 1860.
5. The last undisputed elections of the Committee of Management of the Society took place on 17.09.2016 and under the bye-laws of the Society, the term of the Committee of Management of the Society is five years i.e. the elections held on 17.09.2016 were valid up till 16.09.2021. In the elections held on 17.09.2016, Mr. Amit Kumar Singh was elected as President and Mohd. Javed was elected as Secretary of the Committee of Management of the Society. It has been claimed that Mr. Ajit Kumar Singh was inducted as a member of the general body of the Society vide resolution dated 02.10.2020. Mr. Amit Kumar Singh who was elected President in the elections of the Committee of Management of the Society held on 17.09.2016, died on 16.04.2021 and thereafter it has been claimed that Mr. Ajit Kumar Singh was elected/co-opted as President of the Committee of Management of the Society vide its resolution dated 29.04.2021. It has further been claimed that Mohd. Javed in the capacity of Secretary of the Committee of Management of the Society submitted an application on 28.05.2021 along with the minutes of the meeting of the Committee of Management held on 29.4.2021 before the Assistant Registrar and prayed to register the list of the office bearers and members of the Committee of Management of the Society.
6. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh vide its order dated 07.06.2021 registered the list of the office bearers and members of the Committee of Management of the Society as contemplated under Section 4(1) of the Societies Registration Act, 1860 and in the said list in place of Mr. Amit Kumar Singh, Mr. Ajit Kumar Singh has been shown as President of the Committee of Management of the Society.
7. In the writ petition, it has been claimed that the Committee of Management of the Society vide its resolution dated 04.07.2021 inducted nine more members in the general body of the Society including the Petitioner No. 2, Mr. Gulam Navi and thereafter Mohd. Javed in the capacity of Secretary/Manager submitted an application before the Assistant Registrar on 28.07.2021 for registration of the list of members of the general body of the Society.
8. Since the term of the Committee of Management of the Society was to expire, it has been claimed that fresh elections of the Committee of Management of the Society took place on 12.09
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 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 the requirement of genuine rival claims or disputes and the need for prima facie material before the Registrar can validly exercise jurisdiction....
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.
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
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