Heard learned counsel for the petitioners, learned Standing Counsel and Sri Ashok Khare learned Senior Counsel alongwith Sri Jayant Prakash Singh for respondent Nos. 3 and 4.
The petitioners challenge an order of 29/30 December 2020 passed by the Assistant Registrar according recognition to elections held by the respondents on 10 February 2019. From a perusal of the record it transpires that earlier two rival claims of elections having been held came to be laid before the Assistant Registrar for consideration. By an order of 12 December 2019 the Assistant Registrar proceeded to hold that neither of the elections set up by the contesting parties were liable to be recognised as having been held in accordance with the Byelaws and that consequently invoking the provisions of Section 25(2) of the Societies Registration Act 1860, fresh elections would have to be held.
That order was assailed by the respondents alone. In the writ petition preferred by them challenging the aforesaid order, being Writ-C No. 1964 of 2020, one of the submissions addressed was that the Assistant Registrar had failed to take into consideration the fact that fresh elections had in fact been held on 10 February 2019 by the respondents. Dealing with the aforesaid submission and while disposing of the writ petition a learned Judge recorded thus:-
"This petition is directed against an order passed by the Assistant Registrar, Firms, Siciety and Chits dated 12.12.2019 which holds that the term of elected committee of society has expired and, therefore, fresh elections are required to be conducted in terms of Section 25(2) of the Society Registration Act. This order is assailed on the ground that as per bye-laws of the Society namely, Balwant Singh Gahlot Junior High School Society, Faridpur, Sadhiran, Post Haldaur, District Bijnor the President and Manager would continue lifelong and the same set of President and Manager have been elected from time to time. It is admitted on record that an election was held on 29.1.2017 and the elected office bearers were to continue for a period of two years. It is stated that elections have been held on 10.2.2019 and the proceedings in that regard were also placed before the Assistant Registrar but it was not taken note of on the ground that hearing upon complaint has already commenced. Submission is that the validity of elections held on 10.2.2019 was liable to be examined by the Assistant Registrar before holding that the term of office bearers has expired. It is stated that so long as the Assistant Registrar does not intervene under Section 25(2) of the Act the outgoing committee would continue to have the right to conduct fresh elections.
Sri G.K. Singh, learned Senior counsel appearing for the respondents on the other hand submits that the plea of alleged elections held on 10.2.2019 is an afterthought inasmuch as no such plea was taken earlier on behalf of the petitioners.
Be that as it may, it is not in issue that petitioners had in fact set up a plea of election before the Assistant Registrar before the hearing could be concluded in the matter. The Assistant Registrar was required to have examined the question as to whether any such election has been held and that such elections otherwise are in accordance with the bye-laws. Without examining this aspect of the matter the Assistant Registrar could not have returned a finding that term of earlier elected office bearers has expired. In that view of the matter this petition stands disposed of with the direction upon the Assistant Registrar concerned to examine the plea of elections conducted by the petitioners on 10.2.2019, after affording an opportunity of hearing to the parties, within a period of six weeks from the date of presentation of certified copy of this order. Based upon such determination it would be open for the Assistant Registrar to proceed further. Order impugned in the writ petition dated 12.12.2019 shall remain subject to the orders to be passed by the Assistant Registrar."
Consequent to the directions as framed the matter again fell for consideration before the Assistant Registrar. It becomes pertinent to note that before the said authority the petitioners here do not appear to have raised any claim of rival elections having been held. The only dispute which appears to have been raised and fell for consideration was the validity of the elections of 10 February 2019 stated to have been conducted by the respondents. In fact and as is evident from the judgment rendered on the earlier writ petition preferred by the respondents here, the only issue for consideration of which the matter stood remitted was the validity of elections held on 10 February 2019.
The petitioners, as was noted above, chose to accept the order of 12 December 2019 which in any case had laid to rest their claim of rival elections having been held. The impugned order further records that despite opportunity having been granted, no material or evidence was placed by the petitioners which may have cast a doubt on the validity of elections held by the respondents. The findings as recorded merit no interference.
The writ petition fails and is dismissed.
Order Date :- 17.2.2021 faraz