Court No. - 36
Case :- WRIT - C No. - 56890 of 2017
Petitioner :- Jamuna Prasad
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Sunil Kumar Katiyar
Counsel for Respondent :- C.S.C.,Ajay Singh,Rajesh Singh
Hon'ble Mrs. Sunita Agarwal,J.
Petitioner is an elected President of the Society namely Mirgaon Junior High School, Mirgaon Sikandra (Kanpur) which is a registered society having registration no. 3475/1978-79 and the registration of the society was renewed up to 02.11.1919.
The institution is a recognized institution under the Basic Education Act, 1972 and the provisions of U.P. Junior High School (Payment of Teachers and Other Employees) Act, 1978 are applicable, therein.
The dispute being raised by the petitioner in the present petition is with regard to the proceeding of General Body of the Society held on 05.06.2016, wherein 50 new members have been inducted. The list of General Body of the society after induction of 50 members (in addition to 29 existing members) of total 79 members was submitted before the Registrar of the Society and was duly approved on 24.10.2016 by the order passed under Section 4-B of the Societies Act, 1860 (herein after referred to at the 'Act, 1860').
It appears that on 04.01.2017, the petitioner herein moved the letter before the Deputy Registrar of the society with a copy of judgment and order dated 16.12.2016 passed in Writ Petition No. 58490 of 2016, wherein, the Registrar was asked to decide the dispute with regard to removal of the elected members of the Committee of Management of the society.
Pursuant thereto, the order impugned has been passed by the Deputy Registrar, Kanpur Region, Kanpur. Insofar as, the observation of the Registrar regarding removal of the elected Member namely Jagdish Narayan is concerned, the learned counsel for the petitioner has raised no objection. With regard to election, the petitioner may approach the prescribed authority by moving a proper reference under Section 25(1) of the Act.
Only dispute being raised in the present petition is with regard to the acceptance of the list of 79 members of General Body by the Deputy Registrar vide order dated 24.10.2016.
A perusal of the order impugned indicates that the petitioner herein had filed a notary affidavit raising objection regarding the meeting of the Managing Committee dated 05.06.2016 being forged and fabricated. In support of this petition affidavits have been filed in order to dispute the finding in the order of the Deputy Registrar.
It is categorically recorded in the order impugned that the list of General Body of 79 members (including 50 newly inducted members) was accepted by the Deputy Registrar vide order dated 24.10.2016 in exercise of its power under Section 4-B of the Act after verification of the records of the society as per the said provision. On the dispute being raised by the petitioner by means of notary affidavit, it was not possible for him to recall the order.
To assail the order impugned, submissions of the learned counsel for the petitioner is that the power of the Registrar / Deputy Registrar to approve the list of member of General Body of the society is restricted to the stage of registration / renewal of the society. Insofar as the change in the list of members of General Body as contained sub Section (2) of Section 4-B is concerned, the said change is only required to be reported to the Registrar/Deputy Registrar on account of induction, removal or death etc. of any member. However, it was not open for the Deputy Registrar to examine the genuineness or correctness of the said induction and the change is only required to be noted by him.
This submission of learned counsel for the petitioner does not find favour for the reason that in so far as the registration of list of member of General Body of the society under Section 4-B is concerned, it is settled as of now that the said power is not restricted to the stage of registration or renewal of the society. In case of any discrepancy found in the list of the members of General Body of the society, it would be open for the Registrar to summon the record of the society and examine the correctness of the said list and to pass order under Section 4(B) (1) of the Act. However, the issue herein is with regard to induction of new member and order of the Registrar accepting the said list on the change being reported under Section 4-B of the Act.
Sub Section (2) of Section 4-B of intimation to the Assistant Registrar for any change in the list of members of the General Body of the society. On such change being reported to the Deputy Registrar on account of any contingency like induction, removal, restriction or the death of any member etc., he can verify and modify the list of members from the records of the society in the same manner as has to be done under Sub-Section (1) of Section 4-B of the Act. The Statement of Object and Reasons of addition of Section 4-B of the Act by amending Act namely U.P. Act No. 23 of 2013 also affirms the said view taken by the Court, inasmuch as the said provision has been inserted in order to ensure that the correct list of General Body of the Society is available in the office of the Registrar so as to avoid any future dispute with regard to the members of General Body of the Society.
Regard being had to the fact that the State Government has made an amendment by U.P. Act No. 23 of 2013, the Societies Registration (Uttar Pradesh Amendment) Act, 2011, wherein Section 4-B has been inserted in the Societies Registration Act, 1860 in its application to the State of U.P., the arguments of learned counsel for the petitioner cannot be accepted. The Section 4-B of is quoted herein below for ready reference :-
"4-B(1) At the time of registration / renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of the society.
(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, registration or death of any member, a modified list of members of General Body, shall be filed with the Registrar, within one month from the date of change.
(3) The list of members of the General Body to be filed with the Registrar under this section shall be signed by two office bearers and two executive members of the society."
In a recent judgment in the case of Alok Srivastava (En. No. 8299) And Another vs. Registrar / A.R., Firms Societies & Chits, Allahabad & 3 Ors. (Writ - C No. - 44908 of 2017), this Court has held that even in a case of change or presentation of a modified list under Sub Section 2, the Registrar is required to verify the genuineness/correctness of the said modified list in the summary inquiry in the same manner as has to be made under Sub Section (1) of Section 4-B of the Act.
In the order impugned, it has categorically been recorded by the Deputy Registrar that the verification as required at his ends had duly been done on the papers presented by the Manager of the society before the order dated 24.10.2016 had been passed.
In view of the above, the challenge made to the order impugned on the ground that the Deputy Registrar was not empowered to verify the said modified list presented under Sub Section (2) of Section 4-B of the Act is found to be devoid of merits.
There is no dispute about the fact that the inquiry to be made by the Assistant Registrar / Deputy Registrar / Registrar under Section 4-B is summary in nature and is always subject to the decision to the competent court in a civil suit.
So far as the dispute regarding the membership fee and the allegations of forgery are concerned, the factual dispute being raised herein cannot be looked in exercise of powers under Article 226 of the Constitution of India.
It is therefore, open to the petitioner to challenge the said list by filing civil suit on the allegation of forgery.
Accordingly, the writ petition is dismissed.
Order Date :- 29.11.2017 sailesh