The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.

JUDGMENT :

(Manjive Shukla, J.)

1. Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri H.P. Sahi and Sri Bhuvnesh Kumar Singh, learned counsels appearing for the petitioners, learned Standing Counsel appearing for Respondents No.1 & 2 and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Harishchandra Dubey, learned counsel appearing for Respondent No.4.

2. Petitioners through this writ petition have assailed the order dated 9.4.2024 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad whereby he has declared the membership of newly inducted 72 members including Petitioners No.2, 4 to 9 as invalid on the ground that they have been inducted by the time-barred Committee of Management of Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor.

3. Facts of the case, as culled out from the writ petition, are that Dhampur Mahila Shiksha Sabha, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.1’) and Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.2’) are the societies registered under the Societies Registration Act, 1860. The bye-laws of Society No.2 provide that the members of the general body of the Society No.2 shall be the same as the members of the general body of the Society No.1. The bye-laws further provide that any person who donates money either to Society No.1 or Society No. 2 or to any institution run under the said societies can become member of the general body of the said societies.

4. The Committee of Management of the Society No.2 vide resolution dated 25.9.1998 approved the proposal of 35 persons for being enrolled as life members of the general body of the Society No.1. The Committee of Management of Society No.2 again passed a resolution on 9.7.2021 whereby proposal for enrollment of 20 new life members of the Society No.1 was accepted. Thereafter vide resolution dated 20.11.2021 the Committee of Management of Society No.2 accepted the proposal of induction of 17 new members in the general body of the Society No.1. The Assistant Registrar, Firms, Societies and Chits, Moradabad passed an order on 28.1.2021 whereby the Committee of Management of Society No.1 was declared to be time barred and elections were directed to take place on the basis of the list of members of the general body of the Society No.1 published vide order dated 18.12.2019. The Assistant Registrar in his order dated 28.1.2021 further provided that the list of 35 members inducted by the Committee of Management of Society No.2 shall be placed before the Committee of Management of Society No.1 after its valid elections pursuant to the order dated 28.1.2021.

5. Pursuant to the order dated 28.1.2021 passed by the Assistant Registrar, the Committee of Management of Society No.1 was duly elected and thereafter the Committee of Management of Society No.1 passed a resolution on 5.3.2021 whereby it had accepted the membership of 35 members inducted by the Committee of Management of Society No.2. The Committee of Management of Society No.1 vide its resolution dated 16.04.2022 had also accepted the induction of (20+17) members who were earlier inducted vide resolutions dated 9.7.2021 and 22.10.2021 passed by the Committee of Management of Society No.2.

6. Thus, it would be manifest that pursuant to direction given by the Assistant Registrar vide his order dated 28.1.2021, the membership of 35+20+17=72 members was duly accepted by the Committee of Management of Society No.1.

7. The Assistant Registrar, Firms, Societies and Chits, Moradabad vide his order dated 27.2.2023 registered the list of the members of the general body of Society No.1 for the year 2022-23 and the said list contains the names of 302 members including Petitioners No.2, 4 to 9.

8. On the basis of the aforesaid registered list of 302 members of the general body of Society No.1, the process for election of the Committee of Management of Society No.2 started and the Election Of