Court No. - 25
Case :- WRIT - C No. - 4956 of 2019 Petitioner :- C/M Sri Goverdhan Rai Uchchatar Madhyamik Vidhyalay And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S B Singh,Radhakant Ojha Senior Advocate Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Ajay Bhanot,J.
Heard Sri Radhakant Ojha, learned Senior Counsel assisted by Sri S.B. Singh, learned counsel for the petitioners and Sri Ashok Khare, learned Senior Counsel assisted by Sri Vinod Kumar Yadav, learned counsel for the respondents.
By the order dated 14.11.2018 assailed in the instant writ petition elections to the society have been ordered in purported exercise of powers under Section 25 (2) of the Societies Registration Act.
The order dated 14.11.2018 impugned in the instant writ petition rejected the case of the respondents no. 3 and 4. The order records that the respondent no. 4 Paras Nath Rai claimed that he was elected as Manager in the elections held in the year 2008. However, he could not establish the elections which were held prior to the year 2008. Only a bald submission was made on behalf of Paras Nath Rai that the competing claims set up by Sharda Prasad Rai and Pancham Ram Yadav were liable to be set aside. The respondent no. 3 Paras Nath Rai could not establish his membership and the legality of the committee of management by tendering documentary evidence in support of the same. Consequently, the claim of said Paras Nath Rai was disbelieved.
The order dated 14.11.2018 while considering the case of respondent no. 3 Pancham Ram Yadav also records that the said Pancham Ram Yadav could not establish his claim with any supporting documents. The documents submitted by him did not relate to the society. Nor could he establish the legality of the elections on the foot of which he laid his claim. With these findings the claim of respondent no. 3 was also invalidated.
While considering the case of Sharda Prasad Rai, the order dated 14.11.2018 records that the petitioner Sharda Prasad Rai did not submit any documentary evidence in support of written statement of defence. The written statement of defence asserted that the membership of the petitioner was validated in the proceedings held by the prescribed authority. The prescribed authority also returned a finding in favour of the petitioner regarding the validity of his elections in the order dated 06.11.1992 passed by the said authority. The order dated 14.11.2018 then records that the petitioner had submitted various applications for renewal of the registration and the elections to the committee of management which were not as per the bye-laws of the society. The documentary evidence in support of the elections and renewal were not produced before the authority during the course of hearing. The respondent no. 2 while passing the impugned order ruled that the claim set up by the petitioner was on the foot of invalid elections held by a committee of management whose term had expired as per the bye-laws of the society.
The petitioner no. 2 was a founder member of the society. His membership first came under cloud in the year 1978. The dispute was referred to the prescribed authority under the Societies Registration Act. The prescribed authority by order dated 07.07.1990 ruled in favour of membership of the petitioner.
Subsequently the order dated 06.07.1999 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi, found that the petitioner was not a valid member of the society. The petitioner laid a challenge to the aforesaid order by instituting a writ petition which was registered as Writ-C No. 38394 of 1999 (Committee of Management and Another Vs The Registrar, Firms, Societies and Chits and others). Initially an interim order was granted in favour of the petitioner no. 2. The writ petition came to be decided by an order entered by this Court on 03.09.2009. The order is extracted here under:-
"The Committee of Management dispute is in issue in the present petition which was filed in the year 1999. The term of the Committee of Management came to an end long back and several elections may have taken place in between. The petition has, therefore, been rendered infructuous by lapse of time. It is, accordingly, dismissed.
It is, however, made clear that dismissal of this petition will not affect the validity of the subsequent election(s)."
The impugned order dated 14.11.2018 records the submission by the respondents that the membership of the petitioners was invalidated by order dated 06.07.1999.
The case of the petitioner is that the election of the committee of management of the society was conducted on 14.01.2011. On the foot of the elections a renewal was also granted to the society on 30.03.2011 by the Assistant Registrar, Firms, Societies and Chits, Varanasi.
An objection was raised by the respondents which came to be invalidated by order dated 13.07.2013 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi. The next election became due and was held on 14.01.2014. The petitioner submitted a list of committee of management which was duly registered by the Assistant Registrar, Firms, Societies and Chits, Varanasi. An application for renewal was submitted by the petitioner on 07.05.2015. The renewal was granted at the instance of the petitioner on 28.10.2015 by the Assistant Registrar, Firms, Societies and Chits, Varanasi. A fresh election became due in the year 2017. The election was held on 14.01.2017.
An application was submitted for registration of the list of elected office bearers, before the Assistant Registrar, Firms, Societies and Chits, Varanasi on 30.01.2017. In the mean time the respondents no. 3 and 4 instituted a writ petition before this Court which was registered as Writ-C No. 15192 of 2017 (C/M, Goverdhan Inter College through its Manager & Another Vs State of U.P. and 3 others). This Court passed the following order on 24.05.2017:-
"Learned Standing Counsel has produced the instructions received by him, which reveal that the matter pending before the Assistant Registrar, Firms Societies and Chits, Varanasi, has not been decided finally.
The contention of learned counsel for the petitioner is that the petitioner has not been heard.
Since the matter has not yet been decided finally, it is provided that the third respondent shall before pronouncing a final order, afford an opportunity of hearing to the petitioner also. For this purpose, the petitioner shall appear before him on 02.06.2017 along with the certified copy of this order.
The third respondent shall thereafter hear the parties before pronouncing a final order.
Subject to the above, this writ petition is disposed of."
Pursuant to the orders passed by this Court the respondents were heard by the Assistant Registrar, Firms, Societies and Chits, Varanasi. The hearing culminated in the order impugned in instant writ petition.
Sri R.K. Ojha, learned Senior Counsel submits that the respondent no. 2 returned a perverse finding that the petitioner did not submit the documents in support of his case. All the documents relating to the renewal of the society and approval of the list of committee of management taken out by the Assistant Registrar, Firms, Societies and Chits, Varanasi, from time to time is in the record of the instant writ petition. The aforesaid documents are also available in the office of the Assistant Registrar, Firms, Societies and Chits. However, the same were not considered. In the course of the argument it was submitted that the petitioner undertakes to submit all the aforesaid documents before the respondent no. 2, in case the matter is remanded for fresh adjudication.
Sri R.K. Ojha, learned Senior Counsel then submits that the order terminating the membership of the petitioner passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi, did not stand revived after the dismissal of the above by order dated 03.09.2009 passed by this Court. Consequent to the said order passed by this Court, the membership of the petitioner was upheld and cannot be made a subject matter of challenge any longer. He further contends that the respondents no. 3 and 4 do not have locus standi to contest the instant writ petition since their claims of their membership have been rejected and the same have not been challenged before this Court. The Assistant Registrar, Firms, Societies and Chits, Varanasi cannot review the earlier orders passed by the self same authority. The said orders have attained finality. The impugned order is beyond jurisdiction.
Sri Ashok Khare, learned Senior Counsel submits that the membership of the petitioner was invalidated by the order passed by Assistant Registrar, Firms, Societies and Chits,Varanasi on 06.11.1999. The order passed by the Assistant Registrar, Firms, Societies and Chits on 06.07.1999 was assailed by filing instant writ petition before this Court. The writ petition has been referenced in the preceding paragraphs. The order dated 06.07.1999 stood revived after the said writ petition was dismissed by order dated 03.09.2009 (extracted earlier) passed by this Court.
Heard learned counsel for the parties.
A perusal of the order dated 14.11.2018 indicates that the respondent no. 2 has invalidated the election claim submitted by the petitioner on the foot that all the elections were held after the expiry of the term of committee of management, as provided in the bye-laws. However, no details have been given regarding the dates on which the term of the respective committee of management had expired. The bye-laws which were violated have not been referenced. The finding is vague and does not contain any material particulars.
The order dated 14.11.2018 is thus bereft of material particulars and is made on the foot of vague findings. The order reflects non application of mind. The order is liable to be set aside on this ground alone.
Moreover, the issue whether the Assistant Registrar, Firms, Societies and Chits, Varanasi, can review the list of committee of management and the registration accorded in the previous years also needs consideration. Further the impact and consequence of the order dated 03.09.2009 passed by this Court in Writ-C No. 38394 of 1999 on the membership of the petitioner has also not been considered while passing the impugned order.
The finding that the petitioners had failed to tender the various documentary evidence in support of the renewal of the society, does not appear to be justified. The petitioners have brought various documentary evidence in support of his case in the instant writ petition. There is no reason why they would shy away in submitting the same before the Assistant Registrar, Firms, Societies and Chits, Varanasi.
In the light of the above the order dated 14.11.2018 passed by the respondent no. 2 is arbitrary, illegal and cannot stand. The impugned order dated 14.11.2018 passed by Assistant Registrar, Firms, Societies and Chits, Varanasi is quashed. The matter is remitted to respondent no. 2. A writ of mandamus is issued commanding respondent no. 2 to execute the following directions.
(i) The Assistant Registrar, Firms, Societies and Chits, Varanasi, will consider the consequence of the order dated 03.09.2009, passed by this Court in Writ-C No. 38394 of 1999 (Committee of Management and Another Vs The Registrar, Firms, Societies and Chits and others).
(ii) The Assistant Registrar, Firms, Societies and Chits, Varanasi, shall also consider whether the Assistant Registrar has the power to review the orders of registration of the committee of management on the foot of elections held from time to time from the year 2011 under the Societies Registration Act. Likewise the Assistant Registrar, Firms, Societies and Chits, Varanasi shall also decide whether he has the power to review orders granting renewal to the society under the Societies Registration Act.
(iii) The petitioner also undertakes to submit all the relevant documents to support his claim and other relevant documents which may be demanded by the Assistant Registrar.
(iv) The parties shall exchange their pleadings and documents before the Assistant Registrar, Firms, Societies and Chits,Varanasi on 05.03.2019. The Assistant Registrar shall record a finding that the pleadings and documents proposed to be relied upon by the respective parties are served upon their respective adversaries.
(v) The Assistant Registrar, Firms, Societies and Chits, Varanasi shall give an opportunity of hearing to all the parties and pass a reasoned and speaking order on all issues including the issues cited above.
(vi) The exercise shall be completed by the Assistant Registrar, Firms, Societies and Chits, Varanasi, preferably within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is partly allowed.
Order Date :- 22.2.2019 Pravin