Court No. - 41
Case :- WRIT - C No. - 14852 of 2019 Petitioner :- C/M R.K. Shiksha Samiti Iradatganj And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Deepak Kumar Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioners and learned Standing Counsel for respondent nos. 1 and 2.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent nos. 3 to 5.
Learned counsel for the petitioners submits that there is a society in the name of R.K. Shiksha Samiti Iradatganj, Rewa Road, Prayagraj, which was duly registered under the provision of Societies Registration Act, 1860 (herein after referred to as "Act, 1860"). He further submits that society is governed by bye-laws, which is duly registered in the office of Assistant Registrar, Firms, Societies & Chits, Allahabad. As per Rule 8 (7) of bye-laws, term of committee of management of society is 5 years. He further submits that last election of committee of management of society was held on 3.3.2013 wherein one Sri Raj Shekhar was elected as President and Sri Chhote Lal was elected as Manager. Chhote Lal died on 5.8.2016 and in his place, petitioner no. 2, Vijay Laxmi was elected as Manager on 28.9.2016 for remaining period of committee of management of society and list of members was also registered under Section 4(1) of the Act, 1860 on 25.10.2016. Tenure of committee of management was going to expire on 2.3.2018 and prior to that on 28.2.2018, new election of committee of management was held and papers were submitted before Assistant Registrar on 14.03.2018 for registration of the same. Instead of recognizing the election under Section 4(1) of the Act, 1860, Assistant Registrar has passed order dated 3.2.2018 to hold the election under Section 25(2) of the Act, 1860 for the reason that committee of management has become time barred as term of committee of management is 3 years. Against that petitioner has submitted objection on 28.2.2018 mentioning therein that as per bye-laws, tenure of committee of management is 5 years, therefore, this order is bad.
Considering the reply of the petitioner, Assistant Registrar again passed impugned order dated 12.04.2019 on the ground that assuming it that term of committee of management is 5 years even though as on date, the same has been expired and further appointed District Basic Education Officer, Prayagraj to conduct election under Section 25(2) of the Act, 1860.
He further submits that by the impugned order dated 12.04.2019, Assistant Registrar has accepted that term of committee of management is 5 years and in that case, he has to consider first election dated 28.2.2018 submitted before him along with letter dated 14.3.2018 and in case, election is found invalid, he has to proceed to conduct election under Section 25(2) of the Act, 1860. Lastly, he submits that order dated 12.04.2019 may be quashed and remanded back to Assistant Registrar to first consider the election dated 28.2.2018 and pass reasoned order under Section 4(1) of the Act, 1860.
Learned Standing Counsel appearing on behalf of respondent nos. 1 and 2 could not dispute the factual and legal proposition. Once, it is finding of Assistant Registrar that term of committee of management is 5 years and submits that Assistant Registrar may pass fresh order after providing opportunity of hearing to the concerned parties while considering the election dated 28.2.2018.
Considering the facts and circumstances of the case, the order dated 12.04.2019 passed by Assistant Registrar is hereby quashed and the matter is remanded back to Assistant Registrar to consider the election of petitioner's committee of management dated 28.2.2018 submitted before him along with letter dated 14.3.2018 for registration under Section 4(1) of the Act, 1860 after providing opportunity of hearing to all concerned persons including respondent nos. 3, 4 and 5 in writ petition and decide the same strictly in accordance with bye- laws of the Society and in case, it is found that election is bad or invalid, he may pass fresh reasoned order for conducting the election under section 25(2) of the Act, 1860. The aforesaid exercise shall be completed maximum within a period of three months from the date of production of certified copy of the order.
With the aforesaid observation, petition is allowed. Order Date :- 29.4.2019 Arvind