Court No. - 2
Case :- WRIT - C No. - 8228 of 2018 Petitioner :- Idol Kali Ji Through Guardian Subhash Ghosh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Subhash Ghosh Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Rahul Agarwal holding brief of Sri Subhash Ghosh for the petitioner and Standing Counsel for State.
The writ petition has been filed for quashing the letter dated 29.1.2018 by which the petitioner has been informed that after finalizing the list of Members, election under section 25 (2) relating to office bearer of Society shall be conducted and thereafter certificate relating to renewal of registration of society will be handed over.
It has been stated that Allahabad Kalibari Maintenance Society, 1023, Mutthiganj, Kalibari Lane, Allahabad is the society registered under Societies Registration Act, 1860. Last election of the office bearer of the society was held in the year 2008. According to the byelaws of the society, term of office bearer of the society is three years. Although three years have already been expired but fresh election has not been held either by the outgoing office bearers of the society or by the Registrar under Section 25 (2) of Societies Registration Act , 1860. The renewal of the registration of the society has also been expired as neither election of office bearer was held nor renewal application was made. Renewal has to be obtained at the interval of every five years. The office bearers of the outgoing Executive Committee of the society were indulge in misappropriating of fund of the society as well as involved in anti society activities , therefore, petitioner moved an application before the Registrar under Section 24 of Societies Registration Act, 1860 for conducting inquiry in respect of activities of outgoing office bearers of the society. The petitioner also moved an application before Assistant Registrar for holding election of office bearer of the society exercising its powers under Section 25 (2) of the Act. Thereafter one Amitabh Rey, office bearer of the outgoing Executive Committee has filed Writ C No. 59723 of 2017 for issuing mandamus directing Registrar to conduct election of the society. That writ petition was disposed of by order dated 16.10.2015 directing the Assistant Registrar to hold the election of Executive Committee of the society after deciding the electoral collage within a period of four months. Although four months have expired but election has not been held by the Assistant Registrar. Thus the Assistant Registrar has neither conducted any inquiry against the conduct of outgoing office bearer of the society nor election of the Executive Committee of the society has been held and due to which purpose of the society is being frustrated and property is being misused.
I have considered the arguments of the counsel for the petitioner and examined the records.
Since the application has been made by the petitioner for holding an inquiry according to provisions of Section 24 of Societies Registration Act, then inquiry has to be made by the Assistant Registrar. There is no justification on the part of Assistant Registrar for not holding the inquiry although application has been made on 12.2.2016.
In the facts of the case, the writ petition is disposed of with direction to Assistant Registrar, respondent-2 to conduct an inquiry in the application of the petitioner dated 12.2.2016 in accordance with law within a period of two months from the date of producing a certified copy of this order. In case in the inquiry, any misuse or misappropriation of the fund of the society is found then Assistant Registrar shall ensure for taking appropriate action in this respect, in accordance with law. Thereafter, Assistant Registrar shall also finalize the electoral collage according to byelaws of the society and conduct election of the office bearer of the Executive Committee of the society within a period of two months.
Order Date :- 28.2.2018 Rahul /-