Back
2020 Supreme(UK) 411
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Lok Pal Singh, J.
Guru Teg Bahadur Senior Secondary School - Appellant
Versus
Virendra Singh Chadha & Ors. - Respondent
Second Appeal No. 74 of 2019
Decided On : 16-12-2020
Sanpreet Singh Ajmani, Advocate, Arvind Vashistha, Advocate, H.C. Pathak, Advocate, B.D. Pande, Advocate, Pooran Singh Rawat, Advocate
The first appellate court must record its findings on all the issues or points of determination involved in the appeal and cannot dismiss a suit without reversing the findings recorded by the trial court.
Headnote:
Societies Registration Act - Dispute regarding election of office-bearers - Section 25 - Summary
Fact of the Case:
The dispute arose from a meeting where the first respondent allegedly became the unopposed Chairman of a private Society-School. The legality of the meeting and the extension of the Committee of Management were under challenge.
Finding of the Court:
The first appellate court allowed the appeal mainly on the ground that the suit was barred by Section 25 of the Societies Registration Act and that there was no cause of action for the reliefs brought by way of amendment.
Issues: The main issue was the maintainability of the suit, which the first appellate court decided in favor of the respondents.
Ratio Decidendi: The first appellate court failed to record its findings on the points of determination or the issues framed by the trial court, and without reversing the findings recorded by the trial court, dismissed the suit based on the finding on issue no. (iii).
Final Decision: The second appeal was allowed, and the matter was remanded back to the first appellate court to decide the first appeal in accordance with the law.
JUDGMENT
Lok Pal Singh, J. - Present second appeal has been filed assailing the judgment dated 14.03.2019 and its decree dated 25.03.2019, passed by First Addl. District Judge, Haldwani, in Civil Appeal no. 34 of 2018, Virender Singh Chadha Vs Shri Guru Tag Bahadur Senior Secondary School & others, whereby the judgment and decree dated 10.07.2018, passed by Civil Judge (Senior Division), Haldwani in Civil Suit no. 10 of 2015, Shri Guru Teg Bahadur Senior Secondary School Vs Harvinder Singh Chadha & other, was set aside and the suit has been dismissed.
2. Genesis of the present dispute relates to a meeting dated 28.02.2015, wherein the first respondent alleges to have become unopposed Chairman of a private Society-School namely Shri Guru Teg Bahadur Senior Secondary Public School, Haldwani for a term of five years, although there was colossal opposition of the first respondent and when other names were proposed of the post of Chairman, the said meeting was disbursed. The first respondent lost the last election from one Pramajeet Singh @ Shanty, who was elected Chairman of "Khalsa National Girls Inter College' and 'Shri Guru Teg Bahadur Sr. Secondary Public School' in a common election held on 30.11.2009 for both the schools for a term of five years i.e. till 30.11.2014. However, since one of the school namely 'Khalsa National Girls Inter College' is a Govt. aided Institute, the third respondent (brother of first respondent) made a representation before the competent authority to conduct separate elections for the said school, after expiry of three years in terms of Uttaranchal School Act, 2006. Said representation was rejected. Thereafter, the third respondent filed Writ Petition no. 2268 (M/S) of 2012. A co-ordinate Bench of this Court vide order dated 23.11.2012 held that since the term of the existing Committee of Management would come to an end on 29.11.2012, the authorities shall ensure taking steps to appoint an 'Authorized Controller', who may conduct the elections. However, in Special Appeal no. 403 of 2012, the Division Bench of this Court vide order dated 05.12.2012 modified the aforesaid order by permitting the elected Committee of Management to hold elections within three months and handover the charge to the newly elected Committee of Management. Being aggrieved, SLP (Civil) no. 9172 of 2013 was preferred, wherein the Hon'ble Apex Court vide order dated 01.03.2013 directed that until next date, elections of committee of management shall not be held.
3. It is stated that the Manager of the appellant School namely Raghuvir Singh Gujral (since deceased) expressed his inability to perform the duties as Manager due to his ailment. The request so made was accepted by the Committee of Management vide Resolution dated 15.08.2013. It is further stated that the third respondent moved various applications before the Hon'ble Supreme Court seeking vacation of aforementioned interim order dated 01.03.2013, but the said interim order was not vacated till the final disposal of the SLP. It is averred that in the aforesaid backdrop and as per the bye-laws, the term of the Committee of Management which was to expire on 30.11.2014 was extended for a further period of one year vide Resolution dated 07.11.2014. It is stated that the Resolution dated 07.11.2014 has attained finality inasmuch as it was not challenged by anyone before any competent forum / court. Vide Resolution dated 24.01.2015, Raghuvir Singh Gujral (since deceased) was expelled from the post of Manager of the appellant School. It is stated that Resolution dated 24.01.2015 has also attained finality.
4. Under aforesaid circumstances, the first respondent in collusion with the expelled Manager and by misrepresenting one Jogendra Singh, Advocate (Life Member of the Society) published an information in the newspaper for conducting a meeting on 28.02.2015 in the school campus. Since, Board Examinations were going on, the appellant filed civil suit no. 10 of 2015, for restraining
