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2017 Supreme(Online)(All) 119

ALLAHABAD HIGH COURT
Not mentioned,
Shri Ram Chandra Mission – Appellant
Versus
State of U.P. – Respondent
Writ Petition No. 8950 of 2001 | Writ Petition No. 69081 of 2005 | Writ Petition No. 24212 of 2011 | Writ Petition No. 5034 of 2010 | Writ Petition No. 66631 of 2005 | Writ Petition No. 40035 of 2004 | Writ Petition No. 37023 of 1994 | Writ Petition No. 41630 of 2012 | Writ Petition No. 41631 of 2012 | Writ Petition No. 48669 of 2013 | Writ Petition No. 30767 of 2014



Advocates:
For the Appellants/Petitioners: Sri. Vipin Kumar Saxena
For the Respondents: Sri. Ajit Kumar

The court reaffirmed that under the amended provisions of the Societies Registration Act, 1860, management of societies must be elected rather than merely nominated, underscoring the importance of democratic process.

Headnote:(A) Societies Registration Act, 1860 - Sections 3A(4) and 4(1) - Dispute regarding management and administration of Shri Ram Chandra Mission - Multiple writ petitions filed regarding renewal and management of society - The amended provisions mandate that the managing body must be elected, not merely nominated, to ensure compliance with democratic principles - Orders of Assistant Registrar and Registrar validated as per provisions of the Act - Argument of election needing to be by vote rejected, as election includes nomination - Ongoing disputes regarding management did not affect the legality of the appointed office bearers. (Paras 69-138)

(B) Amendments to law - It was established that upon amendment, older provisions ceased to apply, reaffirming that the new provisions regulate management and elections within societies - Nomination as a legitimate form of election included under the broader definition of 'election'. (Paras 70-71)

Table of Content
1. dispute over authority of mission/society (Para 1 , 2)
2. details of writ petitions filed (Para 3 , 4 , 5 , 6)
3. recognition and roles of management (Para 7 , 8 , 9 , 10)
4. historical background of mission/society (Para 16 , 17 , 18 , 19)
5. interpretation of election provisions post amendment (Para 70 , 72 , 74 , 76)
6. conclusion on management authority and elections (Para 127 , 128 , 130 , 131 , 132)
7. final dismissal of all writ petitions (Para 134 , 135 , 136)

1. This bunch of eleven writ petitions relate to a common matrix i.e. the dispute relating to authority for management and administration of Shri. Ram Chandra Mission / Society (hereinafter referred to as 'Mission / Society') registered under Societies Registration Act , 1860 (hereinafter referred to as 'Act, 1860').

2. Broadly, these writ petitions are in four sets. There are three writ petitions in which dispute relating to renewal of registration of Mission / Society under S.3/3 - A of Act, 1860 is involved.

3. Writ Petition No. 8950 of 2001 (hereinafter referred to as 'first writ petition'), has been filed on behalf of Mission / Society through its Treasurer Sri. Surendra Kumar Dixit, seeking writ of mandamus commanding respondent No. 3 i.e. Assistant Registrar, Firms, Societies and Chits, Bareilly [hereinafter referred to as 'A.R.(F.S.C.)'] to hand over renewed certificate of registration to Working Committee of petitioner No. 1 i.e. Mission / Society, in terms of letter No. SRCM / HQ / 2000-01/174, dated 26.9.2000. It has further sought a writ of prohibition, prohibiting A.R.(F.S.C.) from issuing renewed certificate of registration in respect of petitioner No. 1 - Mission / Society to any other person. Further it prays that such recognition if issued to P. Rajgopalachari, nominating President, the same be cancelled by issuing a writ of certiorari. In this writ petition, the three respondents impleaded are State of U.P.; Registrar, Firms, Societies and Chits [hereinafter referred to as 'Registrar, (F.S.C.)']; and, A.R. (F.S.C.). This renewal certificate pertains to the period of 2000-05.

4. Writ Petition No. 69081 of 2005 (hereinafter referred to as 'second writ petition') has been filed on behalf of Mission / Society through its President Navneet Kumar Saxena and others impleading seven respondents, which include State of U.P.; Registrar (F.S.C.); A.R. (F.S.C.); Shri. P. Rajagopalachari and three others. There are, in all, ten prayers in the writ petition. The first one is to quash the order dated 10.10.2005 passed by A.R. (F.S.C.) renewing registration of petitioner Mission / Society in favour of respondent No. 5 i.e. Uma Shankar Bajpai, copy whereof has not been supplied to the petitioner despite having applied therefor. The next prayer is for writ of mandamus commanding A.R. (F.S.C.) to deliver certified copy of order dated 10.10.2005 to the petitioners. The third prayer is for quashing order dated 10.10.2005 passed by Registrar (F.S.C.) directing A.R. (F.S.C.) to renew registration certificate in favour of respondent No.

5. A writ of mandamus has also been sought for directing respondents not to give effect to the order dated 10.10.2005 with regard to renewal of registration of society and the said order be not acted upon and / or used by respondent Nos. 4 and 5 and instead A.R. (F.S.C.) should allow application dated 10.9.2005 filed by petitioners for renewal of Society and renew registration in favour of elected Managing Body represented by petitioner No. 2 as per requirement of S.3 - A of Act, 1860 and not to interfere in peaceful possession of Mission / Society managed by petitioners elected managing body, having its Headquarters at Shahjahanpur. For being more precise, this Court reproduce reliefs (a) to (h) as under:'a) writ, order or direction in the nature of certiorari calling for the record of the File No. I - 2410 with regard to the Renewal of the Registration Certificate of the Petitioner Society and quash the order dated 10.10.2005













































































































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