Court No. - 5
Case :- WRIT - C No. - 38738 of 2018 Petitioner :- C/M Bhagwat Mandal Pt. Dwarika Prasad Baramdeen Tripathi Shiksha Sansthan And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Mritunjay Mohan Sahai,Mayank Counsel for Respondent :- C.S.C.,Santosh Shukla
Hon'ble Ajay Bhanot,J.
Heard Sri Mritunjay Mohan Sahai, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1 to 3 and Sri Santosh Shukla, learned counsel for the respondent No.4.
By the impugned order dated 19.11.2018 the membership dispute of the society running under the name and style of Bhagwat Mandal Pt. Dwarika Prasad Baramdeen Tripathi Shiksha Sansthan has been decided. The claim of the petitioner no.2 has been rejected. The list of members submitted by her has been invalidated.
Sri Mritunjay Mohan Sahai, learned counsel for the petitioners submits that the claim of the respondent No.4 and the list of members submitted by her was on the footing of a list of members of the committee of management for the year 2012-13 purportedly issued by the Assistant Registrar Chit Fund and Societies, District-Jhansi. The aforesaid document is forged. The document was not supplied to the petitioners before passing of the impugned order. Consequently, the petitioners could not refute the aforesaid document or tender their defence in regard to the same in the proceedings before the respondent No.3.
Sri Santosh Shukla, learned counsel for the respondent No.4 could not point out anything from the record to demonstrate that the said document on which the case of respondent No.4 was founded was served upon the petitioners. He fairly conceded that no evidence of service of the said document to the petitioner can be provided by the respondent No.4.
In such view of the matter, one fact is beyond the pale of any dispute. The impugned order dated 19.11.2018 has been passed on the footing of the document which was the list of members of the committee of management for the year 2012-13 purportedly issued by the Assistant Registrar Chit Fund and Societies, District-Jhansi. The said document was adverse to the petitioners and was the foundation of the claim of the respondent No.4. The document was not supplied to the petitioner, despite requests for the same. The reliance on the aforesaid document in the impugned order violates the principles of natural justice. The order dated 19.11.2018 cannot stand. The order dated 19.11.2018 is quashed.
The matter is remitted back to the respondent No.3 for fresh consideration. A mandamus is issued to the respondent No.3 to decide the controversy afresh and execute the following directions:-
1. The respondent No.3 shall ensure that the respective pleadings of the parties and the documents proposed to be relied upon are exchanged inter se the parties. In other words the pleadings & documents of one party shall be served upon the other party. Before proceeding with the hearing on merits the respondent No.3 shall satisfy himself in this regard and return a specific finding;
2. The respondent No.3 shall provide an opportunity of hearing to both the parties;
3. The respondent No.3 shall decide the controversy in accordance with law, by a reasoned and speaking order after giving due consideration to all relevant facts, documents and submissions of the parties;
4. The respondent No.3 shall accomplish the aforesaid directions within a period of three months from the date of receipt of a certified copy of this order.
It is clarified that the issue which will be specifically examined by the respondent No.3 is the validity of the list of the committee of management for the year 2012-13 purportedly issued by the Assistant Registrar Chit Fund and Societies, District-Jhansi and any other collateral or incidental issues in regard thereto or relevant to the controversy.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 30.11.2018 Ashish Tripathi