Court No. - 3
Case :- WRIT - C No. - 1614 of 2019 Petitioner :- C/M Beenapara Minority Educational Society And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Firdos Ahmad,J.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri J.P. Singh, learned counsel for the petitioner resists the impleadment application. However, Sri Santosh Kumar Singh 'Paliwal' is being heard in the interest of justice and his impleadment application is being taken in the record.
The petitioner claims that an election of the society was held by resort to Section 25(2) of the Societies Registration Act. The election meeting was conducted by an officer authorized by the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 in this regard. Upon the conduct of the said election, the petitioner- committee of management assumed effective control of affairs of the society. The petitioner- committee of management claims that in terms of the bye-laws of the society an exercise for enrolment of members was undertaken. Fresh members were enrolled on 04.04.2018 in strict adherence to the bye laws. The petitioner has initiated proceedings under Section 4 read with Section 4-B of the Societies Registration Act before the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 to enable him to examine the correctness of the list of the members of the general body which includes the newly enrolled members.
The only prayer made by Sri J.P. Singh, learned counsel for the petitioner is that the proceedings initiated under Section 4 read with Section 4-B of the Societies Registration Act be decided and the correct list of the general members of the general body be determined by the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 within a stipulated period of time.
Sri Santosh Kumar Singh 'Paliwal', learned counsel for the applicant submits that challenge has been laid to the elections held on 10.10.2015 by initiating the proceedings under Section 25(1) of the Societies Registration Act.
In view of the pendency of the aforesaid proceedings, the Registrar is precluded from exercising the powers under Section 4 read with Section 4-B of the Societies Registration Act. Secondly, he submits that the Registrar cannot decide the proceedings under Section 4 read with Section 4-B of the Socialites Registration Act since the record is before the prescribed authority.
Submission of Sri Santosh Kumar Singh 'Paliwal' is misconceived. Mere pendency of proceedings under Section 25(1) of the Societies Registration Act does not in any way cloud the legitimacy of elections which are admittedly conducted by the officer authorized by the Registrar under Section 25(2) of the Societies Registration Act. Till a final decision is taken in the matter by the Prescribed Authority under Section 25(1) of the Societies Registration Act, the functioning of the petitioner-society cannot be impeded on the mere ground that the petitioner has raised a dispute regarding the elections. In case this argument is to be accepted, the statute itself would become unworkable.
As far as the availability of the records with the prescribed authority is concerned, the prescribed authority is directed to forthwith submit the entire records before the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2. The Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 shall take a decision on applications submitted by the petitioner under Section 4 read with Section 4-B of the Society Registration Act, which are pending before the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 within a period of two months from the date of receipt of a certified copy of this order.
With the aforesaid direction, the writ petition is finally disposed of.
It is open to the applicant-Abdul Qayyum to submit any objection to the proceedings under Section 4 read with Section 4-B of the Societies Registration Act before the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2. The Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 shall consider the objections of the applicant-Sri Abdul Qayyum before passing any order in case such objections are submitted. After the orders are passed under Section 4 read with Section 4-B of the Societies Registration Act, the Assistant Registrar, Firms, Societies and Chits, Azamgarh/respondent No.2 shall transmit the records to the Prescribed Authority.
Order Date :- 22.1.2019 Ashish Tripathi