Court No. - 19
Case :- WRIT - C No. - 18099 of 2018 Petitioner :- Guttu Mal Gupta And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Arvind Srivastava Iii
Hon'ble Manoj Kumar Gupta,J.
The petitioners, who claim themselves to be life members of the General Body of a registered Society namely Memorial Committee of Management Kishori Lal Smarak Inter College, Nakur, Saharanpur, have filed the instant writ petition seeking quashing of the order dated 21.4.2018 passed by Assistant Registrar, Firms, Societies and Chits, Saharanpur. By the said order, the Assistant Registrar has rejected the complaint filed by the petitioners in regard to membership of forty new members. It is recorded in the impugned order that an order dated 8.3.2018, also impugned herein was passed under Section 25(2) of the Societies Registration Act, 1860, nominating Sri Rajveer Singh Rana, Retd. Principal, Government Vedic Inter College, Saharanpur, as Election Officer for conducting election of the Committee of Management of the Society. By the same order, he was directed to conduct election from list of eighty-four members, which included forty members in respect of which complaint was filed by the petitioners. It has been observed by the Assistant Registrar that the induction of members in the General Body could not be examined on the basis of provisions contained in the Scheme of Administration, as prayed for by the complainants. The said aspect has to be considered in accordance with the constitution of the Society. It is also noted in the order that election was held as per election programme dated 11.4.2018 issued by the Election Officer. A further direction has been issued to the newly elected Committee of Management to take steps under Sections 3 & 4 of the Act. It was left open to the complainants to raise the dispute before court of competent jurisdiction.
Learned counsel for the petitioners submitted that the dispute relating to induction of forty new members was raised at every stage before the Assistant Registrar, but the same was not decided by order dated 8.3.2018, and again while passing order dated 31.4.2018. It is urged that the election held by including forty new members was illegal.
Learned counsel for respondent No. 5 submitted that the Assistant Registrar while passing order dated 8.3.2018 has considered the issue relating to induction of forty new members. It was observed that these members were inducted during the tenure of the validly elected Committee. He submitted that since no evidence was filed by the petitioners as to how the induction of forty new members was illegal, therefore, the same was turned down.
It is not disputed before this Court that in pursuance of order passed by Assistant Registrar dated 8.3.2018, fresh elections have taken place on 12/14.4.2018, as per election notification dated 11.4.2018. Consequently, in case, the petitioners are aggrieved by the outcome of the election on the ground that it was held from invalid Electoral College, it is always open to the petitioners to raise the dispute before the list of office bearers is registered under Section 4 or by seeking a reference under Section 25(1) of the Act. However, no ground is made out to interfere with the impugned order at this stage.
The writ petition is accordingly disposed of, with liberty aforesaid reserved in favour of the petitioners.
(Manoj Kumar Gupta, J.) Order Date :- 29.5.2018 AM/-