| SooperKanoon Citation | sooperkanoon.com/471668 |
| Subject | Trusts and Societies;Election |
| Court | Allahabad High Court |
| Decided On | Mar-23-2005 |
| Case Number | Civil Misc. Writ Petition Nos. 43915 and 49963 of 2004 |
| Judge | Arun Tandon, J. |
| Reported in | 2005(2)AWC1408; 2005(2)ESC1240; (2005)2UPLBEC1763 |
| Acts | Societies Registration Act, 1860 - Sections 4 and 25(2); Constitution of India - Article 226 |
| Appellant | Committee of Management, Janta Shiksha Sansthan Through Its President, ;lal Singh Tomar, President, |
| Respondent | State of U.P. Through Secretary (Societies and Chits), ;deputy Registrar, Firms, Societies and Chits |
| Appellant Advocate | P.N. Saxena, ;L.P. Singh, ;Brajesh Singh and ;Saroj Kumar Yadav, Advs. |
| Respondent Advocate | P.S. Baghel and ;S.R. Vishwakarma, Advs. and ;C.S.C. |
| Disposition | Petition dismissed |
Excerpt:
- - the election of the office bearers of the society were held on 14.06.1994 and after expiry of the term of the five years fresh elections took place on 14.06.1999. the legality or otherwise of the aforesaid elections, according to petitioners, stood resolved under the order of the assistant registrar, firms societies and chits, dated 12.07.2001 and the office bearers elected on 14.06.1999 continued in the control of the society as well as of the maha vidyalaya. it is claimed that a meeting of the general body of the society took place on 25.07.2004 wherein a decision was taken to amend the byelaws of the society as well as fresh elections of the office bearers were held. after the parties exchanged the documents the deputy registrar framed 5 issues and decided the dispute between the parties by means of order dated 28.09.2004 and held that so for the meeting dated 10.04.2003 is concerned notice/agenda was not served upon the members and the records of the proceedings in original were not produced and therefore on the said ground as well as on other grounds, he refused to accept the elections dated 10.04.2003. he further held that the elections dated 25.07.2004 set up by the petitioners could not be accepted as the said elections are alleged to have taken place during the pendency of the dispute whereby certain office bearers, noticed hereinabove, had been removed. societies and chits without recording a finding that because of participation of 25 new members as well as because of exclusion of 10 members said to have been enrolled by the founder trustee the result of the election has been materially affected.arun tandon, j.1. heard sri p.n. saxena senior advocate assisted by sri l.p. singh and sri saroj kumar yadav advocates on behalf of the petitioners and sri p.s. baghel and sri s.r. vishwakarm advocates on behalf of respondent no. 3, sri shiv nath singh kushwaha and standing counsel on behalf of respondents 1 and 2 in both the writ petitions.2. janta shiksha sansthan, ghatampur, kanpur nagar, is a society duly registered under the societies registration act, 1860 (hereinafter referred to as the act). the said society established an educational institution in the name and style 'janta shikha sansthan maha vidyalaya, ghatampur, kanpur ngar. the society has its own byelaws. according to byelaws of the society the executive committee of the society becomes the committee of management of the maha vidyalaya. the term of the elected office bearers has been provided as five years and the office bearers are to continue till their successors take charge. the election of the office bearers of the society were held on 14.06.1994 and after expiry of the term of the five years fresh elections took place on 14.06.1999. the legality or otherwise of the aforesaid elections, according to petitioners, stood resolved under the order of the assistant registrar, firms societies and chits, dated 12.07.2001 and the office bearers elected on 14.06.1999 continued in the control of the society as well as of the maha vidyalaya.3. it is claimed that the founder trustee of the society, namely shiv nath singh kushwaha, in order to avoid enquiry in to the financial mismanagement prepared fictitious proceedings of the society dated 10.04.2003 and is alleged to have nominated 10 office bearers including his two close relatives and to have inducted two new deputy secretaries. petitioner no. 2, who claims himself to be the president of the executive committee, on coming to know of the aforesaid resolution filed his objections before the deputy registrar of firms, societies and chits, kanpur nagar. it is claimed that a meeting of the general body of the society took place on 25.07.2004 wherein a decision was taken to amend the byelaws of the society as well as fresh elections of the office bearers were held. information of the aforesaid proceedings dated 25.07.2004 including fresh elections was communicated to the deputy registrar of the firms, societies and chits vide letter darted 11.08.2004 by the elected secretary, sri ram nath singh. on the other hand the founder trustee, sri shiv nath singh kushwaha, submitted papers pertaining to independent elections dated 25.01.2004 and submitted the same for being registered under section 4 of the societies registration act before the deputy registrar of the firms, societies and chits, kanpur nagar.4. the deputy registrar on receipt of the two sets of elections issued notice dated 19.08.2004 to the parties. after the parties exchanged the documents the deputy registrar framed 5 issues and decided the dispute between the parties by means of order dated 28.09.2004 and held that so for the meeting dated 10.04.2003 is concerned notice/agenda was not served upon the members and the records of the proceedings in original were not produced and therefore on the said ground as well as on other grounds, he refused to accept the elections dated 10.04.2003. he further held that the elections dated 25.07.2004 set up by the petitioners could not be accepted as the said elections are alleged to have taken place during the pendency of the dispute whereby certain office bearers, noticed hereinabove, had been removed. further 25 new members who had participated in the elections were not validly enrolled inasmuch as according to the provisions of the bye laws the founder trustee alone could enroll new members and the issue will be decided only after the balance sheet in respect of the year 2003-04 is received in his office inasmuch as there was also a controversy with respect to deposit of membership fee of the aforesaid 25 new members.5. the deputy registrar has, thereafter, held that under clause 9 of the bye laws of the society the managing trustee has a right to extend the term of the executive committee for a period of one year. he has required the managing trustee to take a decision in this respect within 15 days of the order. it is against this order of the deputy registrar of the firms, societies and chits dated 28.09.2004 that civil misc. writ petition no. 43915 of 2004 has been filed by the alleged committee of management through its president sri lal singh tomar.6. since the managing trustee did not extend the term of the committee of management elected in the year 1999 as per order of the deputy registrar of the firms, societies and chits dated 28.09.2004 the deputy registrar in exercise of powers under section 25 (2) of the act issued an order dated 08.11.2004 directing that fresh elections of the committee of management shall be held by him from amongst 72 valid members of the general body. a list of 72 members is also enclosed along with the aforesaid order. against the subsequent order of the deputy registrar dated 08.11.2004 the committee of management with sri lal singh tomar as president has filed civil misc. writ petition no. 49963 of 2004.7. i have heard learned counsel for the parties and gone through the record of the writ petitions.8. it is not in dispute between the parties that the last elections of the executive committee had taken place on 14.06.1999. it is also not in dispute between the parties that under the registered bye laws of the society the power to enroll new members vests with the founder trustee only. the term of the elected committee of management has admittedly expired on 13.06.2004. two sets of rival elections have been pleaded by the parties; one the impugned order. the order refusing to recognize the elections set up by sri shiv nath singh kushwaha dated 25.01.2004 has not been subjected to challenge by sri shiv nath singh kushwaha and, therefore, the said part of the order has become final. the present petition is therefore, confined to the elections set up by the present petitioner. sri lal singh tomar, dated 25.07.2004. it is not in dispute that in the said elections 25 new members enrolled by the petitioner have participated, in view of clause 5 read with clause 6 of the registered bye laws of the society the power, to enroll the new members vests with the founder trustee only and therefore, the finding recorded by the deputy registrar of the firms, societies and chits in his order dated 28.09.2004 declaring the enrolment of 25 new members to be illegal, does not call for interference under article 226 of the constitution of india.9. on behalf of the petitioners it is contended that the elections dated 25.07.2004 could not have been declared illegal by the deputy registrar of the firms. societies and chits without recording a finding that because of participation of 25 new members as well as because of exclusion of 10 members said to have been enrolled by the founder trustee the result of the election has been materially affected. the argument appears to be attractive. however, on scrutiny of the record it is apparent that out of these 25 new members some have been elected as office bearers in the elections dated 25.07.2004. the enrolment of these 25 new members has been declared illegal by the deputy registrar of the firms, societies and chits, kanpur nagar. in such circumstances the elections set up by the petitioners dated 25.07.2004 cannot be accepted be valid in any mariner. even otherwise from the order of the deputy registrar it is further apparently clear that none of the panics produced the original record in respect of the rival claims at the time of hearing of the dispute. the court is of the opinion that there is no illegality in the order passed by the deputy registrar of the firms, societies and chits, kanpur region, kanpur dated 28.09.2004, as corrected vide order dated 30.09.2004.10. in view of the findings recorded herein above it is further apparently clear that no fresh elections of the office bearers of the society have been held strictly in accordance with the bye laws even after expiry of the earlier term of 5 years and, therefore, the deputy registrar of firms, societies and chits, kanpur region, kanpur in exercise of powers under section 25 (2) of the act has issued order dated 08.11.2004 for holding fresh elections under section 25 (2) of the societies registration act. the order is legal and calls for no interference. in such circumstances both the writ petitions are liable to be dismissed.11. both the writ petitions are accordingly dismissed. however, it would be open to the parties or to any person to get their rights of being valid members of the society adjudicated by initiating regular proceedings inasmuch as the orders passed by the authorities under the societies registration act, 1860 are always subject to regular civil proceedings. the civil court while deciding any such dispute will not be influenced in any manner by the observations made hereinabove.
Judgment:Arun Tandon, J.
1. Heard Sri P.N. Saxena Senior Advocate assisted by Sri L.P. Singh and Sri Saroj Kumar Yadav Advocates on behalf of the petitioners and Sri P.S. Baghel and Sri S.R. Vishwakarm Advocates on behalf of respondent No. 3, Sri Shiv Nath Singh Kushwaha and Standing Counsel on behalf of respondents 1 and 2 in both the writ petitions.
2. Janta Shiksha Sansthan, Ghatampur, Kanpur Nagar, is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society established an educational institution in the name and style 'Janta Shikha Sansthan Maha Vidyalaya, Ghatampur, Kanpur Ngar. The society has its own byelaws. According to byelaws of the society the executive committee of the society becomes the Committee of Management of the Maha Vidyalaya. The term of the elected office bearers has been provided as five years and the office bearers are to continue till their successors take charge. The election of the office bearers of the society were held on 14.06.1994 and after expiry of the term of the five years fresh elections took place on 14.06.1999. The legality or otherwise of the aforesaid elections, according to petitioners, stood resolved under the order of the Assistant Registrar, Firms Societies and chits, dated 12.07.2001 and the office bearers elected on 14.06.1999 continued in the control of the society as well as of the Maha Vidyalaya.
3. It is claimed that the Founder Trustee of the society, namely Shiv Nath Singh Kushwaha, in order to avoid enquiry in to the financial mismanagement prepared fictitious proceedings of the society dated 10.04.2003 and is alleged to have nominated 10 office bearers including his two close relatives and to have inducted two new Deputy Secretaries. Petitioner No. 2, who claims himself to be the President of the Executive Committee, on coming to know of the aforesaid resolution filed his objections before the Deputy Registrar of Firms, Societies and Chits, Kanpur Nagar. It is claimed that a meeting of the general body of the society took place on 25.07.2004 wherein a decision was taken to amend the byelaws of the society as well as fresh elections of the office bearers were held. Information of the aforesaid proceedings dated 25.07.2004 including fresh elections was communicated to the Deputy Registrar of the Firms, Societies and Chits vide letter darted 11.08.2004 by the elected Secretary, Sri Ram Nath Singh. On the other hand the founder Trustee, Sri Shiv Nath Singh Kushwaha, submitted papers pertaining to independent elections dated 25.01.2004 and submitted the same for being registered under Section 4 of the Societies Registration Act before the Deputy Registrar of the Firms, Societies and Chits, Kanpur Nagar.
4. The Deputy Registrar on receipt of the two sets of elections issued notice dated 19.08.2004 to the parties. After the parties exchanged the documents the Deputy Registrar framed 5 issues and decided the dispute between the parties by means of order dated 28.09.2004 and held that so for the meeting dated 10.04.2003 is concerned notice/agenda was not served upon the members and the records of the proceedings in original were not produced and therefore on the said ground as well as on other grounds, he refused to accept the elections dated 10.04.2003. He further held that the elections dated 25.07.2004 set up by the petitioners could not be accepted as the said elections are alleged to have taken place during the pendency of the dispute whereby certain office bearers, noticed hereinabove, had been removed. Further 25 new members who had participated in the elections were not validly enrolled inasmuch as according to the provisions of the bye laws the Founder Trustee alone could enroll new members and the issue will be decided only after the balance sheet in respect of the year 2003-04 is received in his office inasmuch as there was also a controversy with respect to deposit of membership fee of the aforesaid 25 new members.
5. The Deputy Registrar has, thereafter, held that under Clause 9 of the bye laws of the society the Managing Trustee has a right to extend the term of the executive committee for a period of one year. He has required the Managing Trustee to take a decision in this respect within 15 days of the order. It is against this order of the Deputy Registrar of the Firms, Societies and Chits dated 28.09.2004 that Civil Misc. Writ Petition No. 43915 of 2004 has been filed by the alleged committee of Management through its President Sri Lal Singh Tomar.
6. Since the Managing Trustee did not extend the term of the Committee of Management elected in the year 1999 as per order of the Deputy Registrar of the Firms, Societies and Chits dated 28.09.2004 the Deputy Registrar in exercise of powers under Section 25 (2) of the Act issued an order dated 08.11.2004 directing that fresh elections of the Committee of Management shall be held by him from amongst 72 valid members of the general body. A list of 72 members is also enclosed along with the aforesaid order. Against the subsequent order of the Deputy Registrar dated 08.11.2004 the Committee of Management with Sri Lal Singh Tomar as President has filed civil Misc. Writ Petition No. 49963 of 2004.
7. I have heard learned counsel for the parties and gone through the record of the writ petitions.
8. It is not in dispute between the parties that the last elections of the Executive Committee had taken place on 14.06.1999. It is also not in dispute between the parties that under the registered bye laws of the society the power to enroll new members vests with the Founder Trustee only. The term of the elected Committee of Management has admittedly expired on 13.06.2004. Two sets of rival elections have been pleaded by the parties; one the impugned order. The order refusing to recognize the elections set up by Sri Shiv Nath Singh Kushwaha dated 25.01.2004 has not been subjected to challenge by Sri Shiv Nath Singh Kushwaha and, therefore, the said part of the order has become final. The present petition is therefore, confined to the elections set up by the present petitioner. Sri Lal Singh Tomar, dated 25.07.2004. It is not in dispute that in the said elections 25 new members enrolled by the petitioner have participated, in view of Clause 5 read with Clause 6 of the registered bye laws of the society the power, to enroll the new members vests with the Founder Trustee only and therefore, the finding recorded by the Deputy Registrar of the Firms, Societies and Chits in his order dated 28.09.2004 declaring the enrolment of 25 new members to be illegal, does not call for interference under Article 226 of the Constitution of India.
9. On behalf of the petitioners it is contended that the elections dated 25.07.2004 could not have been declared illegal by the Deputy Registrar of the Firms. Societies and Chits without recording a finding that because of participation of 25 new members as well as because of exclusion of 10 members said to have been enrolled by the Founder Trustee the result of the election has been materially affected. The argument appears to be attractive. However, on scrutiny of the record it is apparent that out of these 25 new members some have been elected as office bearers in the elections dated 25.07.2004. The enrolment of these 25 new members has been declared illegal by the Deputy Registrar of the Firms, Societies and Chits, Kanpur Nagar. In such circumstances the elections set up by the petitioners dated 25.07.2004 cannot be accepted be valid in any mariner. Even otherwise from the order of the Deputy Registrar it is further apparently clear that none of the panics produced the original record in respect of the rival claims at the time of hearing of the dispute. The Court is of the opinion that there is no illegality in the order passed by the Deputy Registrar of the Firms, Societies and Chits, Kanpur Region, Kanpur dated 28.09.2004, as corrected vide order dated 30.09.2004.
10. In view of the findings recorded herein above it is further apparently clear that no fresh elections of the office bearers of the society have been held strictly in accordance with the bye laws even after expiry of the earlier term of 5 years and, therefore, the Deputy Registrar of Firms, Societies and Chits, Kanpur Region, Kanpur in exercise of powers under Section 25 (2) of the Act has issued order dated 08.11.2004 for holding fresh elections under Section 25 (2) of the Societies Registration Act. The order is legal and calls for no interference. In such circumstances both the writ petitions are liable to be dismissed.
11. Both the writ petitions are accordingly dismissed. However, it would be open to the parties or to any person to get their rights of being valid members of the society adjudicated by initiating regular proceedings inasmuch as the orders passed by the authorities under the Societies Registration Act, 1860 are always subject to regular civil proceedings. The civil court while deciding any such dispute will not be influenced in any manner by the observations made hereinabove.