A society known as Sri Haldhar Vidya Mandir Shiksha Samiti Bhairampur, Parai Khagla, Sirathu, Kausambi was registered under the Societies Registration Act, 1860 on 08.8.1970 bearing file no. I1-22525. At the time when the society was registered Sri Babu Singh was the President and one Sri Ramphal Singh was the manager and at the time of registration 55 members were there in the General Body of the society. Sri Durbeen Singh and Sri Ram Sajivan Singh alleging themselves to be members of the General Body got the very same society again registered on 24.5.1987 bearing registration no. K4264 and Sri Durbeen Singh projected himself as a manager of the society and also got his signatures attested by the educational authorities for the school which the society was running. When certain elections were brought forth by the office bearers of the two societies then the Assistant Registrar Firms Societies and Chits Allahabad adjudicated the matter and on 14.7.1998 and held that the registration of the society on 24.5.1987 by Sri Sri Durbeen Singh was based on fake documents and cancelled the registration dated 24.5.1987 and renewed the certificate of the society which was registered on 18.8.1970. Against the order dated 14.7.1998 Sri Durbeen Singh, filed an appeal under Section 12-D of the Societies Registration Act. This appeal was dismissed on 11.5.1999 and a writ petition, therefore, being writ petition no. 27781 of 1999 was filed which again was dismissed on 7.10.2004. Against the order dated 7.10.2004, a recall application was filed which was again dismissed on 29.7.2008. Against the two orders dated 7.10.2004 and 29.7.2008, a Special Appeal being Special Appeal No. 354 of 2009 was filed. Despite, the order of the Assistant Registrar dated 14.9.1998 which came to be upheld in writ petition no. 27781 of 1999 which was dismissed on 7.10.2004, it did not deter Sri Durbeen Singh and Sri Jugraj Singh from alleging themselves to be president and the manager respectively of the society and on 4.9.2009, they submitted a representation before the Assistant Registrar, Firm Societies and Chit Allahabad to allow them to hold election of the office bearers of the society. On 16.9.2010, the Assistant Registrar held that as a Special Appeal was pending against the order dated 7.10.2004, no orders could be passed for the holding of elections. This led Sri Jugraj Singh to file a writ petition being Writ Petition No. 63871 of 2010 against the order dated 16.9.2010. In this writ petition on 10.11.2010 this Court directed that the Assistant Registrar was to hold the election of the Committee of Management by such members who had participated in the last election which was held in the year 1997. However, Sri Pratap Singh Yadav who had been admitted a member on 15.5.1987 filed a Special Appeal being Special Appeal No. 24 of 2011 against the judgement and order dated 10.11.2010 of the learned Single Judge. This special appeal came to be disposed of on 7.1.2011 with the following directions:-
"a) The election programme as directed under the notification dated 4.1.2011 will be held pursuant to such direction. There should not be any delay in completion of the election for any reason whatsoever particularly wen the election was not held for a considerable period.
b) After the completion is over, the entire result will be kept in a sealed cover for a period of seven days and within such time, the prescribed authority will hear out the application already pending being Case No. 1 of 2009 and after giving fullest opportunity of hearing to both the contesting parties, decide the issue, if any, with regard to electoral college finally.
c) Decision of the prescribed authority will be finally binding upon the parties.
e) Immediately after the decision, the sealed cover will be opened and result will be declared subject to decision to be taken by the prescribed authority.
f) Till the time decision is not taken by the prescribed authority on the basis of the election, Authorized Controller will manage the affairs of the Society and immediately after declaration of the results, the charges will be handed over to the elected body."
In pursuance of the order dated 7.1.2011 passed by the Special Appellate Court, the Prescribed Authority after the elections were held passed an order dated 7.2.2011. This order was challenged by Sri Pratap Singh Yadav by means of a writ petition being Writ Petition No. 12105 of 2011. The High Court in Writ Petition No. 12105 of 2011 quashed the order of the Prescribed Authority dated 7.2.2011 on 1.3.2011 and remitted the matter to the Assistant Registrar Firms and Societies Chits Allahabad to take action under Section 25(2) of the Societies Registration Act, 1860. He was required to determine the Electoral Roll and thereafter hold the election. The Assistant Registrar was to pass orders only after hearing Sri Pratap Singh Yadav, Jugraj Singh and also one Sri Ram Suhawan. While the writ petition No. 12105 of 2011 was pending on the basis of the order dated 7.2.2011 of the Prescribed Authority, the Registrar on 10.2.2011 passed orders declaring Sri Ram Suhawan the manager. Against the order dated 10.2.2011, a writ petition being Writ Petition No. 41305 of 2011 was filed. To make the record straight, it may be stated that even though the writ petition no. 41305 of 2011 was filed against the order of Registrar dated 10.2.2011, the orders dated 10.2.2011 was brought to naught owing to the fact that on 1.3.2011 (passed in writ petition no. 12105 of 2011), the order dated 7.2.2011 itself was set aside by this Court. Thereafter in pursuance of the order dated 1.3.2011, the Assistant Registrar proceeded to decide the case and finally on 25.7.2011 decided the matter holding that since Special Appeal no. 354 of 2009 was pending against the order of the learned Single Judge dated 7.2.2004, by which the controversy had been put to rest by the Assistant Registrar that Sri Durbeen Singh and Sri Jugraj Singh had come up with all fake documents, therefore, the matter could not be decided. The passing of the order dated 25.7.2011 necessitated the filing of the writ petition no. 68621 of 2011 While writ petition 68621 of 2011 was pending, Special Appeal No. 354 of 2009 came to be dismissed on 12.5.2014. This essentially should have helped the Assistant Registrar in deciding the matter as per the direction of the learned Single Judge dated 1.3.2011 in the writ petition no. 12105 of 2011 but he chose not do so and only on the application of Sri Pratap Singh which was filed on 28.6.2012 the Assistant Registrar proceeded to decide the case on 8.4.2015 by which he recognized the election of Sri Pratap Singh Yadav and rejected the one placed by Sri Manik Chandra Gupta. Aggrieved thereof the Sri Manik Chand Gupta filed a writ petition no. 26928 of 2015. Thus, there are now three writ petitions which have to be decided.
I. The writ petition 41305 of 2011 which was filed against the order of the Registrar dated 10.2.2011 which was passed after the order dated 7.2.2011 was passed in Writ Petition No. 12105 of 2011 which itself had been quashed by the order dated 1.3.2011.
II. The writ petition no. 68621 of 2011 which was filed against the order of the Assistant Registrar dated 25.7.2011 by which order the Assistant Registrar had stayed his hands off saying that he would not decide the matter as per the order dated 1.3.2011 of this Court which was passed in writ petition no. 12105 of 2011 till such time as the Special Appeal No. 354 of 2009 was decided.
III. And the writ petition no. 26928 of 2015 which was filed against the order dated 8.4.2015 by which the Assistant Registrar Firms Societies and Chits Allahabad had without complying with the order 1.3.2011 only recognized Sri Pratap Singh Yadav as the manager of the committee of management.
Learned Senior Advocate, Sri H.N. Singh Assisted by Sri Arvind Srivastava submitted that the order dated 8.4.2015 was erroneous on the ground that it had not abided by the order dated 1.3.2011 by which the Assistant Registrar had to find out the correct electoral roll and thereafter had to hold the election under Section 25(2) of the Societies Registration Act, 1860.
Sri Indra Raj Singh appearing for Sri Pratap Singh Yadav in the three writ petitions submitted that the writ petition no. 41305 of 2011 had been rendered infructuous as it challenged orders which were passed in pursuance of the order dated 7.2.2011 which itself had been quashed by the order dated 1.3.2011. He however supports the order dated 8.4.2015.
Having heard the learned counsel for the parties, I am of the view that till date the order dated 1.3.2011 has not been complied with. The order dated 8.4.2015 has proceeded to decide the matter on the basis of the orders of this Court dated 7.10.2004 and the order passed on 12.5.2014 in the Special Appeal. It did not advert to the order dated 1.3.2011 by which the electoral roll had to be decided afresh and election had to be held, thereafter. The order becomes, therefore, erroneous as it proceeded to decide upon the claims of Pratap Singh and Manik Chand oblivious of the order dated 1.3.2011, which had mandated that election only be held after the preparation of a proper Electoral Roll under Section 25(2) of the Act.
Under such circumstances, the order dated 25.7.2011 and the order dated 8.4.2015 are quashed. The Assistant Registrar Firms Societies and Chits shall now in compliance of the order dated 1.3.2011 passed in the writ petition no. 12105 of 2011 determine the electoral roll under Section 25(2) of the Societies Registration Act, 1860 within a period of two months from the date of production of a certified copy of this order. Thereafter, it shall hold the election. Till such time elections are held, the Committee of Management of the society and also of Institutions which are being run and managed by the society shall be run by the management which is today manning the Society and its Institutions.
All the three writ petitions, in view of what has been observed here in above are accordingly disposed of.
Order Date :- 28.5.2018 praveen.