JUDGMENT Arun Tandon, J.
1. Heard Sri Shailendra Advocate on behalf of the petitioner, Sri P.S. Baghel Advocate on behalf of the private respondents, Standing Counsel on behalf of respondent Nos. 1 and 2.
2. These two writ petitions pertain to the dispute of the office bearers of a registered society, as well as, of the degree college managed by it. Therefore both the petitions are being decided together.
3. The Chaudhury Chhotu Ram Managing Committee, Muzaffarnagar is a society duly registered under the Societies Registration Act. The said society has established a Degree College in the name and style of Chaudhury Chhotu Ram Post Graduate College, Muzaffarnagar. The Post Graduate College is affiliated to Chaudhary Charan Singh University, Meerut. The Executive Committee of the society ex officio become the Committee of Management of the Degree College. Reference- para 18-C of the registered bye laws.
4. The last undisputed elections of the Executive Committee took place on 17.12.1991 wherein Sri Samai Singh was elected as Manager and Sri Ishwar Singh Malik was elected as Secretary. Under the bye laws of the society, term of the elected office bearers has been provided as three years.
5. Two sets of elections, one dated 22.12.1994 with Sri Samai Singh as President and Sri Ishwar Singh Malik as Secretary were submitted before the Assistant Registrar on 23.12.1994 and second elections dated 25.12.1994 with Sri Ved Pal Singh as Manager/Mantry were submitted on 31.12.1994 for registration of the list of elected office bearers.
6. The Assistant Registrar, Firms Societies and Chits, being satisfied that there exists a dispute about the office bearers of a registered society, referred the matter for adjudication to the Prescribed Authority under Section 25(1) of the Societies Registration Act vide his order dated 3.1.1996.
7. Both the contesting parties were afforded opportunity of hearing by the Prescribed Authority. The Prescribed Authority by means of the order dated 18.3.1999 held that the elections dated 22.12.1994, in which Sri Samai Singh was elected as President and Sri Ishwar Singh as Secretary, were legal and valid. The parallel elections pleaded by Sri Ved Pal Singh dated 25.12.1994 were declared illegal and contrary to the bye laws of the society.
8. Accordingly, the elections dated 22.12.1994 were recognized and the Assistant Registrar was directed to take appropriate action accordingly. Amongst other findings recorded in the said order are (a) that the meeting dated 25.12.1994 (in which the alleged elections set up by Sri Ved Pal Singh are said to have taken place) was not convened by the out going Secretary of the society nor any other document has been produced on the basis whereof it could be said that Sri Yash Veer Singh, Deputy Secretary was conferred an authority to convene a meeting, nor the bye laws confer any such power upon the Deputy Secretary, (b) Sri Ved Pal Singh was removed under a resolution dated 10th December, 1999 from membership of the general body of the society. The resolution passed in the said meeting was duly approved by the Vice Chancellor of the Meerut University vide order dated 2.5.1981. Against the order of the Vice Chancellor Sri Ved Pal Singh filed Writ Petition No. 7904 of 1981, which was dismissed vide order dated 21.1.1981. No document was on record to establish as to how he was re-inducted as member of the general body thereafter.
9. This order of the Assistant Registrar, Firms Societies and Chits has been challenged by means of Writ Petition No. 13506 of 1999 filed on behalf of the Committee of Management with Sri Ved Pal Singh as its Secretary as well as by Sri Hukum Chandra Malik in his capacity as President.
10. From the records it is apparent that Sri Ved Pal Singh has expired on 13.5.2000 and no person has been substituted in his place. However, this writ petition is still being contested on behalf of the alleged President of the Committee of Management Sri Hukum Chandra Malik.
11. The writ petition was entertained by this Court on 1.4.1999 and parties were directed to maintain status quo as on the date of the order. On the strength of interim order of status quo, referred to above. Sri Hukum Chandra Malik is alleged to have maintain effective control over the degree college and in that regard reference has been made to the elections of the Committee of Management which have taken place on 26.10.1997 and since recognized by the Vice Chancellor vide order dated 4.11.1997. Second elections dated 8.10.2000 approved by the Vice Chancellor vide order dated 26.4.2001.
12. The Committee of Management with Sri Shyam Veer Singh Rathi as its Secretary on the other hand claims that they alone are the lawful office bearers of the society entitled to hold fresh elections and no other person had any right to hold elections of the Committee of Management of the society. The said set of office bearers claim elections dated 11.1.1998 and dated 13.8.2000. It is further alleged that the papers pertaining to the elections of 1998 and 2000 were transmitted to the Deputy Registrar for necessary registration of the list of office bearers under Section 4 of the Societies Registration Act. However, because of the order of status quo passed in Writ Petition No. 13506 of 1999 no further action was taken on the papers so submitted.
13. In the meantime one Sri Raj Pal Singh respondent No. 3, claiming himself to be the Secretary of the Managing Committee, filed Writ Petition No. 28882 of 2001 before this Court, in which Sri Samai Singh and Sri Ishwar Singh Malik were impleaded as respondent Nos. 3 and 4. The writ petition was disposed of vide order dated 25.1.2001 with liberty to the petitioner (Sri Rajpal Singh Malik) to file a representation before the Deputy Registrar, Firms, Societies and Chits, Saharanpur U.P. respondent No. 1 within one month from the date of the order. The concerned officer was directed to decide the same after hearing all the parties concerned in a time bound manner by means of a reasoned speaking order.
14. The Registrar, Firms Societies and Chits, with reference to the complaint letter of Sri Rajpal Singh dated 11.12.2002, after calling for the records from the office of the Deputy Registrar, proceeded to pass the order dated 28.12.2002, which contains the following directions:
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15. The list of office bearers submitted by Sri Rajpal Singh Secretary dated 8.10.2000 has been directed to be registered under Section 4(1) inasmuch as the elections of Sri Raj Veer Singh Rathi has not been declared illegal by any court of law while the membership of Sri Shyam Veer Singh Rathi has been revoked under order of the Registrar, Chaudhary Charan Singh University Meerut dated 26.4.2001. Lastly it has been directed that with reference to the order of this Court dated 25.1.2001 passed in Writ Petition No. 28821 of 2001, the representation of Sri Raj Veer Singh Rathi be decided after getting an enquiry conducted in respect of the affairs of the society under Section 24 of the Societies Registration Act.
16. Against this order of the Registrar dated 28.12.2002, the office bearers of the society with Sri Shyam Veer Singh Rathi as Manager has filed Writ Petition No. 5270 of 2003.
17. I have heard counsel for the parties and have gone through the records of the writ petition. Written submissions have also been filed on their behalf.
18. In support of the writ petition filed by Hukum Singh (Writ Petition No. 13506 of 1999) Sri Shailendra, Counsel for the petitioner, has contended that the order passed by the Prescribed Authority is illegal inasmuch as he has adjudicated upon the legality of the elections of the year 1994 after expiry of the term of the office bearers and therefore he has decided an infructuous dispute.
19. With reference to the order passed by the Vice Chancellor/Assistant Registrar, recognizing the Committee of Management with Sri Hukum Chandra Malik as President, it is further contended that the orders passed by the Vice Chancellor as well as his Excellency Chancellor have been ignored by the Prescribed Authority while deciding the legality of the elections of the year 1994, the issue with regards to removal of Sri Ved Pal Singh Malik and as to whether Sri Ishwar Chandra Malik was never included as member of the society.
20. Counsel for the petitioner submits that the decision of the authorities under the State Universities Act namely the Vice Chancellor/Chancellor shall have binding effect upon the authority under Section 25(1) of the Societies Registration Act and in that regard reliance has specifically been placed upon paragraph 13 of the counter affidavit, which reads as follows:
13. That in reply to the contents of paragraph No. 6 of the writ petition, it is stated that the election of the office bearers of the society was held on 22.12.1994, in which Sri Ishwar Singh Malik was elected as Secretary and Samai Singh as President.
21. On Behalf of Sri Shyam Veer Singh Rathi (Writ Petition No. 5270 of 2003) it is submitted that the order passed by the Assistant Registrar dated 28.12.2002 is wholly without jurisdiction inasmuch as he could not have directed registration of the list of office bearers of the society without following the procedure prescribed under Section 4 proviso of the Societies Registration Act. Even otherwise the order has been passed without notice and opportunity of hearing to the petitioner as well as without taking into consideration the proceedings pertaining to the elections of the office bearers of the society of the year 1998 and 2000 which had already been submitted in the office of Assistant Registrar, no action whereof was taken, as there was an order of status quo in the earlier petition (Writ Petition No. 13506 of 1999).
22. Lastly it is submitted that absolutely no facts have been noticed with regards to legality or otherwise of the elections set up by Sri Rajpal Singh including the issue as to whether elections have been held in accordance with the bye laws of the society amongst the valid members of the society by a competent person or not.
23. The writ petition filed by Sri Shyam Veer Singh Rathi, being Writ Petition No. 5270 of 2003, is being opposed on the ground that the primary membership of Sri Shyam Veer Singh Rathi has not been accepted in the meeting of the general body dated 8.1.1995 and therefore he has no right to be elected as office bearers nor he has any right to maintain the present writ petition.
24. One of the basic issue for consideration before this Court is as to whether in the facts of the case an order passed by the Vice Chancellor/Chancellor under the State Universities Act, recognizing a Committee of Management under Section 2(13) of the State Universities Act to be the lawful Management Committee of the institution would Ipso facto be binding upon the Prescribed Authority while deciding the dispute under Section 25(1) i.e. the order passed by the Prescribed Authority under Section 25(1) cannot travel beyond the orders passed by the authorities under the State Universities Act.
25. The answer to the aforesaid issue lies in the judgment of this Court reported in (2000) 2 UPLBEC 993.
26. Even otherwise from a bare reading of Section 2(13) of the State Universities Act quoted herein below viz-a-viz Section 25(2) of the Societies Registration Act, it may be seen that the power to be exercised under Section 2(13) of the State Universities Act is a purely an administrative power, provided for day today working of the management of an affiliated degree college affiliated under the State Universities Act. While a power under Section 25(1) is a quasi judicial power wherein the lis between two parties with regards to elections of the office bearers of a registered society is to be adjudicated by the Prescribed Authority, subject to the orders which may be passed in regular civil proceeding, where the rights of the parties are finally determined.
27. In the opinion of the Court, the orders passed under Section 25(1) of the Prescribed Authority in a quasi judicial proceeding, which directly deal with the legality of the elections of the office bearers of the society (which in the facts of the case ipso facto become the office bearers of the degree college) must prevail over any administrative order passed by the Vice Chancellor/Chancellor under Section 2(13) of the State Universities Act.
28. In view of such a legal position, the decision of the Prescribed Authority under Section 25(1) of the Societies Registration Act, unless found to be illegal in regular suit proceedings by the competent Civil Court of Law, remains binding and operative upon all concern with regards to the affairs of the society and if the elected office bearers of the society ipso facto become the office bearers of Committee of Management of the institution, such decision shall also be binding upon the University authorities.
29. So far as the decision of the Prescribed Authority dated 18.3.1999 having been taken subsequent to the expiry of the term of the Committee of Management is concerned, this Court cannot loose sight of the fact that the right to hold subsequent elections depends upon the legality of the earlier elections of the Committee of Management as right to hold fresh elections is dependent upon the decision of the past elections.
30. Further none of the parties have pleaded any fresh election before the Prescribed Authority at any time prior to the disposal of the reference already made. They cannot be permitted to question the legality of the order whereby a dispute with regards to office bearers of the society pertaining to the elections of the year 1994 has been adjudicated upon.
31. Even otherwise once the Prescribed Authority has recorded a finding that Sri Ved Pal Singh had been removed from the primary membership of the general body and there is nothing on record on the basis whereof could it be established that Sri Ved Pal Singh was re-inducted as member of the general body, all elections set up by Sri Ved Pal Singh fall automatically.
32. Sri Shallendra has not been able to successfully dislodge the finding of the Prescribed Authority to the effect that Sri Ved Pal Singh had no authority of law to convene the meeting of the general body dated 25.12.1994, neither any resolution in that regard has been brought on record nor any provisions of the bye laws has been referred.
33. In the totality of the circumstances, as noticed herein above, this Court is of the opinion that the order passed by the Prescribed Authority does not suffer from any illegality or infirmity so as to warrant interference under Article 226 of the Constitution of India. Even otherwise the orders passed under Section 25(1) have been made subject to the decision of regular suit proceedings and therefore petitioner is at liberty to challenge the order of the Prescribed Authority and to get his right declared by initiating regular suit proceedings in competent Court of Law.
34. In view of the aforesaid conclusion qua the finding recorded by this Prescribed Authority in his order dated 18.3.1999, the elections set up by the Committee of Management with Sri Hukum Singh as President from time to time cannot be legally sustained, as the basis of their induction in office were the elections of the office bearers alleged to have taken place on 25.12.1994. Since the foundation itself has been washed out, all subsequent elections of Sri Hukum Singh fall automatically.
35. Under the order of this Court passed in Writ Petition No. 2882 of 2001, the representation made by Sri Rajpal Singh was directed to be decided by the Assistant Registrar, after affording opportunity of hearing to the parties concerned, by means of a reasoned speaking order in a time bound manner. The Registrar could not have intervened in the matter and could not have usurped the discretion so conferred upon the Assistant Registrar under order of this Court for passing the impugned order dated 25.1.2001.
36. The order dated 25.1.2001 has been passed without notice and opportunity of hearing to the petitioners, when they had admittedly been held to be the lawful office bearers under the order of the Prescribed Authority, referred to above, as such there has been manifest violation of the principles of natural justice.
37. The Registrar has not even recorded basic facts, which are necessary for recognition of any elections of the office bearer of a registered society namely (i) whether the elections have been held in accordance with the registered bye laws of the society (ii) from amongst the valid members of the general body (iii) by a competent person or not. In such circumstances, the order passed by the Registrar dated 25.1.2001 cannot be legally sustained and is hereby quashed.
38. From the records of the present writ petition, this Court is further satisfied that subsequent to the elections of 1994 except for the order passed by the Registrar dated 28.12.2002 directing registration of list of office bearers (which has already been quashed by this Court) there is no other list of office bearers duly registered under Section 4 of the Societies Registration Act nor the legality of the elections set up subsequent to 1994 have been examined in accordance with law at any level by the Assistant Registrar or by the Prescribed Authority under the Societies Registration Act. More than 12 years have elapsed since the date the term of the elections, which were last recognized by the Prescribed Authority, in such circumstances it would be appropriate to direct that fresh elections for constituting the executive committee of the society be held by the Assistant Registrar In exercise of powers under Section 25(2) of the Societies Registration Act so that litigation with regards to the office bearers of the society and college may be brought to an end.
39. In these circumstances, it is provided that the Assistant Registrar shall hold fresh elections of the executive committee within three months from the date a certified copy of this order is filed before him. He shall publish a tentative list of the members of general body of the society, objections shall be invited within the period to be specified. After receipt of the objections, he shall decide the objections by means of a reasoned speaking order and shall finalize and notify the electoral college. The elections of the office bearers shall be held from the list so declared strictly in accordance with the bye laws of the society. The entire exercise may be completed within four months.
40. Writ Petition No. 13506 of 1999 is dismissed while Writ Petition No. 5270 of 2003 is allowed, subject to the observations made above.