Court No. - 32
Case :- WRIT - C No. - 34514 of 2021 Petitioner :- Chandra Bhushan Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.,Radhey Shyam Maurya
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kartikeya Saran, learned counsel for the petitioner, Mr. Radhey Shyam Maurya, learned counsel for respondent no.4 and the learned Standing Counsel for the State-respondents.
This writ petition has been filed by the petitioner for the following relief:
"I. Issue an appropriate writ, order or direction to call for the record and quash the Order dated 18.11.2021 passed by the Assistant Registrar, Firms, Societies and Chits, Prayagraj (Respondent no.2) vide Letter No. 1578 of 7 K-935/2021-22/Prayagraj, vide which the original Management Committee of 2017-18 and 2018-19 was declared time-lapsed under Section 25(2) of the Societies Registration Act of 1860.
II. Issue an appropriate writ, order or direction to call for the record and quash the impugned order dated 14.12.2021 passed by Assistant Registrar, Firms, Societies and Chits, Prayagraj (Respondent NO.2) vide Letter No. 1810/AL-1766/2021- 22/Prayagraj, vide which a new list of 11 General Body members has been issued with a notice of conducting fresh election for the post of President of Respondent Society on 30.12.2021.
III. Issue an appropriate writ, order or direction, restraining the Respondent no.3 from conducting fresh election scheduled on 30.12.2021 during the pendency of the Writ Petition.
IV. Issue an appropriate writ, order or direction, restraining the 11 members, coordinated by Respondent no.4, from managing the affairs of the Respondent Society.
V. .....
VI "
Today, on the matter being taken up, learned counsel for the petitioner states that he is pressing only relief no.2, whereby the Assistant Registrar has passed the order dated 14th December, 2021 issuing a new list of 11 members of the general body for conducting fresh elections, which are scheduled to be held on 30th December, 2021.
Challenging the order dated 14th December, 2021, learned counsel for the petitioner submits that after passing of the order dated 18th November, 2021, the Assistant Registrar was supposed to call for the objections on the tentative list of members of the general body. After inspection of records, the petitioner has submitted a list of 24 members a copy of which has been brought on record at page-31 of the paper book. He further submits that he has not filed any objection to the list of 24 members. However, to the list of 24 members as submitted by the petitioner, objection was raised by respondent no.4 before the Assistant Registrar but the Assistant Registrar, without verifying the facts, as were raised in the objection, with respect to resignation, death of certain members as well as one of the member mentioned in the said list is no more citizen of India, has passed the impugned order issuing a list of 11 members of the general body. He, therefore, submits that the same is per se arbitrary and illegal, as the same cannot be legally sustained.
Learned counsel for respondent no.4 submits that since election programme has also already notified, this Court cannot interfere in the matter at this stage. However, he could not dispute the submissions made by the learned counsel for the petitioner.
Considering the submissions made by the learned counsel for the parties and examining the impugned order dated 14th December, 2021, this Court finds substance in the submission of the learned counsel for the petitioner that the same cannot be legally sustained. Hence, the order dated 14th December, 2021 is hereby quashed. Respondent no.3 i.e. Assistant Registrar, Firms, Societies and Chits, Prayagraj is directed to call for the objections from the parties concerned to the tentative list of members of the general body, as the same exists at present, within two weeks from the date of production of a certified copy of this order. After receiving the said objections, he shall finalize a fresh list of members of the general body for holding fresh elections. He shall pass a reasoned and speaking order while finalizing the list of members of the general body. The aforesaid exercise shall be completed within two months.
The present writ petition is partly allowed subject to the observations made above.
(Manju Rani Chauhan, J.) Order Date :- 24.12.2021 Sushil/-