The matter pertaining to validity of members of the society is engaging the attention of the Assistant Registrar, Firms, Societies and Chits, Gorakhpur.
The submissions made by learned counsel for the parties, in both the writ petitions is that the controversy regarding determination of valid members of the society may be decided within a stipulated period of time after giving opportunity of hearing to all concerned parties including the petitioners in both the writ petitions.
Sri Arun Kumar, learned counsel for the petitioner in Writ-C No. 27557 of 2019, submits that the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, does not have power to review the list, inasmuch as three lists were issued under Section 4-B of the Societies Registration Act by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur.
Sri Bhagwan Dutt Pandey, learned counsel contests the aforesaid proposition. He submits that the list of members submitted by the petitioner in Writ-C No. 27557 of 2019, is in the teeth of the bye-laws of the society. The Manager of the society does not have the authority to enroll the members. He also alleges that the claim of the petitioners in Writ-C No. 27557 of 2019, is made on the back of forged documents.
Sri Arun Kumar, learned counsel has refuted the aforesaid submissions.
These are matters which need verification of facts by a competent authority.
Sri Arun Kumar, learned counsel for the petitioner and Sri Bhagwan Dutt Pandey, learned counsel for the respondent, agree to the fact that the matter of determination of valid members of the society is pending before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur. The parties contest each other on merits. However, learned counsel for the parties, agree that the issues raised require verification of facts as per law and adjudication of law by the competent authority.
With the consent of Sri Arun Kumar, learned counsel for the petitioner and Sri Bhagwan Dutt Pandey, learned counsel for the respondents, the matter is remitted to respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur.
A writ of mandamus is issued commanding respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur, to execute the following directions:
I. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall determine the membership of the society, in accordance with the procedure prescribed under Section 4-B of the U.P. Societies Registration Act.
II. The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur 09.09.2019. The parties shall exchange their respective pleadings and relied on documents.
III. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall record a finding in the proceedings book, regarding service of pleadings and documents relied on by the parties upon their respective adversaries.
IV. In case some necessary parties, are not before this Court, they too shall also be noticed and will be entitled to an opportunity of hearing before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.
V. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall return a finding in this regard in the proceedings book.
VI. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall fix a date of hearing and intimate the said date to the concerned parties. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall hear the parties on the date fixed.
VII. The list of valid membership of the society, shall be decided by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, by a reasoned order in accordance with law.
VIII. The entire exercise of calling the parties, hearing and deciding the matter as per law, shall be completed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, within a period of three months from the date of receipt of a certified copy of this order.
IX. It shall be open to the parties to raise all submissions before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.
This Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind.
With the aforesaid directions, both the writ petitions are finally disposed off.
Order Date :- 26.8.2019 Pravin