Court No. - 7
Case :- WRIT - C No. - 24387 of 2019 Petitioner :- Prem Pal And 6 Others Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Anand Tiwari Counsel for Respondent :- C.S.C.,Bheem Singh,Manoj Yadav
Hon'ble Ajay Bhanot,J.
Heard Sri Anand Tiwari, learned counsel for the petitioners, Sri Bheem Singh, learned counsel for the respondent nos. 4 & 5, Sri Manoj Yadav, learned counsel for the respondent no. 5 and learned Standing Counsel for the State respondent.
By order dated 29.06.2019 passed by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, claim of membership raised by the petitioners, has been invalidated.
The order dated 29.06.2019 passed by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, is assailed in the instant writ petition.
Sri Anand Tiwari, learned counsel for the petitioners contends that the order dated 29.06.2019 records that the President of the society does not have the authority in law to issue receipt of payment of membership fee to the members of the society. This finding is in the teeth of the bye-laws which are extracted hereunder;
"प्रत्ययेक सदस्य कको ससंस्थथा ककी स्थथाययी सदस्तयथा ककी रसयीद अध्यक्ष दथारथा प्रथाप्त करनथा जरुरयी हहै ।"
Clearly the aforesaid finding rendered in the order dated 29.06.2019, is in the teeth of the relevant bye-laws of the society, which holds the field. The non consideration of the relevant bye-laws of the society renders the order dated 29.06.2019 vulnerable to judicial review.
Faced with the aforesaid submissions, Sri Bheem Singh, learned counsel for the respondent nos. 4 and 5 as well as Sri Manoj Yadav, learned counsel for the respondent no. 5 contend that the relevant provisions of the bye-laws, were not considered by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra while passing the order dated 29.06.2019.
The order dated 29.06.2019 passed by Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, clearly self destructs.
The order dated 29.06.2019 passed by Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra is arbitrary and illegal.
With consent of parties, the order dated 29.06.2019 passed by Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra is quashed and the matter is remitted to respondent no. 3, Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra to execute the following directions:
I. The Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall determine the membership of the society, in accordance with the procedure prescribed under Section 4-B of the U.P. Societies Registration Act.
II. The determination of membership, shall be made by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, after giving an opportunity of hearing, to all concerned parties, including the parties before this Court.
III. The parties shall appear before the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra. The parties shall exchange their respective pleadings and relied on documents.
IV. The Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall record a finding in the proceedings book, regarding service of pleadings and documents relied on by the parties upon their respective adversaries.
V. In case some necessary parties, are not before this Court, they too shall also be noticed and will be entitled to an opportunity of hearing before the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.
VI. The Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall return a finding in this regard in the proceedings book.
VII. The Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall fix a date of hearing and intimate the said date to the concerned parties. The Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall hear the parties on the date fixed.
VIII. The list of valid membership of the society, shall be decided by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra by a reasoned order in accordance with law.
IX. The entire exercise of calling the parties, hearing and deciding the matter as per law, shall be completed by the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra within a period of four months from the date of receipt of a certified copy of this order.
X. After the determination of the membership, the Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra, shall take steps to hold elections of the society, under Section 25(2) of the U.P. Societies Registration Act, preferably, within a period of one month, from the date of such determination.
With the aforesaid directions, the writ petition is finally disposed off.
Order Date :- 21.8.2019 Dhananjai