Court No. - 39

Case :- SPECIAL APPEAL No. - 776 of 2022

Appellant :- C/M Sri Jawahar Lal Nehru Madhyamik Vidyalaya

And 2 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Appellant :- Jayant Prakash Singh,Sr. Advocate

Counsel for Respondent :- C.S.C.,Yogesh Kumar Saxena

Alongwith

Case :- SPECIAL APPEAL No. - 812 of 2022

Appellant :- Smt. Luxmi Devi

Respondent :- State Of U.P. And 3 Others

Counsel for Appellant :- Yogesh Kumar Saxena

Counsel for Respondent :- C.S.C.,Jayant Prakash Singh

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

Heard Sri H.N. Singh learned Senior Counsel assisted by Sri

Jayant Prakash Singh learned counsel for the petitioner and Sri

Yogesh Kumar Saxena learned counsel for the respondent No.4.

This intra court appeal is directed against the judgement and order

dated 09.11.2022 whereby the learned Single Judge has set aside

the order dated 12.10.2022 passed by the Deputy Registrar, Firms,

Societies and Chits, Kanpur Nagar whereby while declaring the

outgoing committee as time barred, list of 28 members of general

body, registered on 16.10.2020 under Section 4B of the Societies

Registration Act' 1860 has been finalized. The Finance and

Accounts Officer of the department of Basic Education Etawah has

been appointed as Election Officer in exercise of power under

Section 25(2) to conduct the election strictly in accordance with

law. Pursuant to the direction issued by this Court in the judgement

and order dated 02.12.2021 in Writ Petition No.26987 of 2021 and

on 17.05.2022 in Writ Petition No.13796 of 2022.

It is pointed by the learned Senior Counsel appearing for the

appellant that the writ petition was filed on 30.10.2022 and on the

said date, the election of committee of management of the society

pursuant to the order dated 12.10.2022 had already been held. The

writ petitioner/respondent No.4 herein had filed her objection to

the elections held on 30.10.2022 before the Deputy Registrar,

Firms, Chits and Society by moving an application on 01.11.2022.

All these facts have been conveniently concealed by the writ

petitioner and the order impugned dated 09.12.2022 had been

obtained by concealment of material fact.

Sri Yogesh Kumar Saxena learned counsel for the respondent

No.4, however, has relied upon the Division Bench judgement as

noted by the learned Single Judge to assert that the order dated

12.10.2022 passed by the Additional Registrar was without

jurisdiction, in as much as, for finalization of list of members of

the society, a meeting of the General body of the society was

required to be called.

Learned counsel for the respondent No.4, however, could not

dispute the submission of learned counsel for the appellant that the

factum of holding of election on 30.10.2022 was not disclosed to

this Court. It is sought to be submitted that the writ

petitioner/respondent No.4 was not aware of the factum of

election. It is also sought to be submitted that the entire election

was conducted in a hush-hush manner and there was no occasion

for the writ petitioner to bring that fact before this Court.

We do not find substance in the submissions of the learned counsel

for the respondent No.4 to the extent that the writ petitioner was

not aware of the factum of holding of election on 30.10.2022. The

entire matter was proceeded on the premise that the Deputy

Registrar had no jurisdiction to pass the order dated 12.10.2022

that too on the writ petition filed by a single member.

In any case, the writ petition has neither been filed by the outgoing

committee of management stating that the Registrar had no

jurisdiction to hold election under Section 25 (2) of the Act' 1860

nor there is any averments that the petitioner herein did not receive

any notice or intimation of the date of holding of the election.

It is an admitted fact of the matter that the name of the writ

petitioner has been included in the list of members/electoral

coll