JUDGMENT Rakesh Tiwari, J.
1. Heard Sri Shailendra, counsel for the petitioner and Sri Pradeep Kumar for the respondents.
The petitioner is aggrieved by the orders dated 5.11.2007 and 7.1.2008 passed by Deputy Registrar, Firms, Societies and Chits, Agra, Annexure No. 9 & 16 to the writ petition and has prayed that the impugned notification dated 13.12.2007 published on 15.12.2007 in Hindi newspaper Amar Ujala', Annexure 10 and 11 may be stayed.
2. A further relief has been sought by the petitioner for a writ of mandamus directing the respondents to hold election in accordance with Section 25(2) of the Societies Registration Act 1860 read with bye Iaw1-Gha under the head Prabandh Vyavastha and not to allow the members to vote in the election who have deposited five years membership fee at one time after 30.11.2006 which was the cut off date for membership i.e. subsequently after term of the committee of management. It is also prayed that election may be conducted by person other than Deputy Registrar who is alleged to be in collusion with respondent No. 5 and his associates, rather it may be held under the supervision of the District Magistrate or his nominee or nominee of the Registrar at Lucknow within the time frame fixed by this Court in accordance with law.
3. Yet another prayer in the nature of mandamus is sought directing the respondent No. 2 to examine the issue in regard to fake and illegal membership as according to the petitioner initiation of election proceedings by the Deputy Registrar is contrary to decision of the Division Bench rendered in Special Appeal No. 892 of 2007 (Anurag Jain and Ors. v. State of U.P. and Ors.). It is also prayed that the election should be held in consonance with the bye laws and not contrary to it.
4. Briefly stated facts of the case are that Shri Digambar Jain Shiksha Samiti is a society registered under Societies Registration Act 1860. Admittedly, according to the petitioner last undisputed election of the committee of management was held on 27.10.2002. The. term of the committee of management being four years, it came to an end on 26.10.2006. It is stated that income and expenditure statements of the society published in the Magazine show that there is no disclosure of any deposit of membership fee subsequent to 2003. These statements of account for the year 2002-2003 upto 2005-2006 have been appended as Annexure 2, 2-A.2-B and 2-C to the writ petition.
5. It is submitted by the counsel for petitioner that after expiry of the term, an advertisement was published by the Secretary directing members to deposit fee and some complaints were made to the Deputy Registrar that as term has expired, the outgoing committee of management cannot take membership fee for conducting the elections as it had no right to do so as it has become defunct after expiry of the term.
6. The Deputy Registrar by order dated 18.8.2007 directed that the elections would be conducted by him as election officer. This order of the Deputy Director was challenged by Akhil Kumar Baroliya- respondent No. 5 in the present petition, in Writ Petition No. 40535 of 2007, which was allowed and order of the Deputy Registrar was set aside in the following terms:
In the present case undisputed position is that election of the Praband Kariri Samitee was held on 27.10.2002 and the decision to hold the election was taken on 26.2.2007 and pursuant thereto election process commenced and during the continuance of the election process writ petition has been filed by Anurag Jain being Civil Misc. Writ Petition No. 30741 of 2007 and this Court on 12.7.2007 has already refused to interfere with the matter holding of election and specifically mentioned that this Court would not interfere in the matter or restrain the society to hold election on this ground and petitioner has been relegated to file civil suit. Election process was on, civil suit was also filed wherein injunction was refused on 8.8.2007. Sub-section (2) and (3) have been enacted in order to prevent the misuse of the office by office bearers of society so that they may not prolong their life, once election process was on then Deputy Registrar had no authority in law to interfere midway election process, proceeding to exercise authority under Section 25(2) of the Societies Registration Act, 1860. Authority under Section 25(2) of the Societies Registration Act, 1860 could have been exercised in case no steps whatsoever were being undertaken in the direction of holding the election of Committee of Management of the society but once election process was on and Deputy Registrar Firms, Societies and Chits has duly signed the said election process then there was occasion for him to invoke and exercise authority under Section 25(2) of the Societies Registration Act 1860, seeking the object of the authority vested under Section 25(2) of Societies Registration Act 1860, i.e. to ensure elections. Not only this even in respect of validity of the nomination the Deputy Registrar made mention which is in realm of the validity of election. Deputy Registrar could not have dealt with all these question. In the present case authority vested under Section 25(2) has been clearly misused as outgoing Committee of Management whose tenure had come to an end had already initiated election process and right to hold the election was there as elections are held by the Election Officer appointed by the Managing Committee and in the event of non holding of elections, then by Election Officer nominated by General Body. Here name of Election Officer had been ratified by General Body also and as Deputy Registrar had not passed any order holding that term of the Committee of management has already run out and he is convening meeting for holding of elections, as such in the present case order dated 18.8.2007 is totally without jurisdiction.
Consequently, order dated 18.8.2007 is hereby quashed.
Let election proceeding be concluded from the stage it has been stayed and whosoever is aggrieved against the result of election has right to approach Prescribed Authority after mustering support of 1/4th members of General Body of the Society under Section 25(1) of the Societies Registration Act, 1860 and it would be open to the Deputy Registrar, Firms, Societies and Chits also to refer the dispute if any regarding election under Section 25(1) of Societies Registration Act but certainly action under Section 25(2) of the Societies Registration Act can not be subscribed.
For the reasons stated above, the present writ petition is allowed.
7. Aggrieved by the aforesaid judgment dated 30.8.2007, the petitioner filed Special Appeal No. 892 of 2007 which was allowed by Division Bench of this Court setting aside the order passed in Writ Petition No. 40535 of 2007 quoted above.
8. It appears from the judgment that case of the petitioner in the Special appeal aforesaid was that learned Single Judge after referring to the provisions of Section 25 (2) of the Act had held that the Registrar does have the power to direct holding of election where he is satisfied that an election has not been held within the time specified in the rules of that society and after noting that the Management of the society had ultimately proceeded to hold elections in February 2007. As the election process had already started,. the Deputy Registrar ought not to have interfered. A reference was also made by the petitioner in the Special Appeal that petitioner had filed a civil suit to challenge the election wherein injunction was refused. The Division Bench in the Special appeal held:
There is no difficulty in accepting both the prepositions canvassed by the learned Single Judge, namely that once an election process started, the Court is not expected to interfere and also that wherein alternative is resorted to, one must be directed to continue with that.
This however presupposes that the election process started within the time provided and in the event, it is not so started, the Body holding the election has no authority to hold the election since the period to hold the election has expired.
In the present case, we were shown the bye-laws of the Society. Mr. P.S. Ojha, learned Counsel for respondent No. 5 pointed out that under the bye laws although the period for an elected body to function was four years, there was a provision to amend the bye laws. He showed us the amendment which was supposedly passed on 26.3.2007 whereunder the period of the Governing Body was extended to five years. It is however not disputed that the amendment was passed after the expiry of the term of the Governing body. This being the position, there was no occasion for the learned Single Judge to draw inference on the ground that the election process had already started.
Similarly the fact that the suit had been filed wherein an injunction had been declined, could not be a ground to interfere with the order passed by the Deputy Registrar when power and duty to pass necessary order under Section 25(2) of the Societies Registration Act vested as he is entitled to see that the society is functioning with the four corners of law.
Mr. Shailendra, learned Counsel for the appellants makes a statement that the appellants will withdraw the suit and approach the Deputy Registrar with a request to look into their applications for membership.
In view of what is stated above, the order passed by the learned Single Judge was not called for. We hereby quash and set aside the same. We allow the appeal and dismiss the writ petition filed by respondent No. 5. The order passed by the Deputy Registrar will be revived and he is expected to act further in accordance with law.
9. It further appears from the record that respondent No. 5 filed SLP (Civil) No. 22215 of 2007 against the order of Division Bench in the Special appeal, which was dismissed on 3.12.2007. Thereafter, the Deputy Registrar directed the petitioner and respondent No. 5 to deposit Rs. 50,000/- in cash for conducting the election by letter dated 5.11.2007 which is appended as Annexure-9 to the writ petition. As much stress has been laid by the counsel for petitioner on this letter dated 5.11.2007 which is also sought to be quashed in the present petition, it is being quoted for ready reference for appreciation of the facts:
dk;kZy; mi fucU/kd QelZ] lkslkbvht ,oa fpV~l] 122 ukFZk bZnxkg dkyskuh] vkxjk A la[;k 529 ¼1½ @ 1&8869 vkxjk fuakd 05-11-07 lsok esa] 1& Jh vf[ky dqekj cjkSY;k @ dkykrhr egkea=h Jh fnxEcj tSu f'k{kk lfefr ¼,e0Mh0 tSu b.Vj dkyst½ 2& Jh vuqjkx tSu lh0,0] pUnz lnu 228 usg: uxj] vkxjk A fo"k;%& Jh fnxEcj tSu f'k{kk lfefr vkxjk ds pquko ds lEcU/k esa A egksn;] mi;qZDr fo"k;d bl dk;kZy; }kjk ikfjr vkns'k la[;k &3193 fnukad 18-8-2007 dk lUnHkZ xzg.k djus dk d"V djs ftlds }kjk laLFkk dh izcU/k lfefr dks dkykrhr ?kksf"kr fd;k x;k gS A mDr vkns'k ls {kqC/k gksdj Jh cjksY;k }kjk ekuuh; mPp U;k;ky; esa ;kfpdk la[;k [email protected] ;ksftr dj vkns'k fnukad 30-8-2007 izkIr dj fy;k x;k] ftlesa bl dk;kZy; ds vkns'k fnukad 18-8-2007 dks Dosl dj fn;k x;k Fkk A foi{khx.k }kjk bldh Lis'ky vihy la[;k 892 @ 2007 ekuuh; mPp U;k;ky; dh Mcy cSap esa dj vkns'k fnukad 11-10-2007 izkIr dj fy;k x;k gS A bl vkns'k esa ekuuh; mPp U;k;ky; dh Mcy csap ds }kjk flafxy casp ds vkns'k dks Dosl dj fn;k gS A ,slh fLFkfr esa bl dk;kZy; }kjk ikfjr vkns'k fnukad 18-8-2007 cgky gks tkrk gS A bl vkns'k ds ifjisz{; esa laLFkk dh dkyrhr izcU/k lfefr dk pquko v/kksgLrk{kjh }kjk djk;k tkuk gS A bl pquko esa gksus okys lEHkkfor O;; :Ik;k ipkl gtkj dks vki dk;kZy; esa udn :i ls tek dj nssa] ftlls fu;ekuqlkj vfxze dk;Zokgh dh tk lds A Hkonh;
g0 v0 mi fucU/kd vkxjk A
10. Counsel for the petitioner emphasised that because of non compliance of the condition of depositing R. 50000/- as required in the aforesaid letter, the Deputy Registrar without deciding the membership issue has proceeded to notify the elections in daily Newspaper Amar Ujala dated 15.12.2007 pursuant to the election schedule dated 13.12.2007, which led the petitioner to submit a representation before the Deputy Registrar and subsequently to file contempt petition No. 4498 of 2007 wherein notices are said to have been issued. Thereafter, the Deputy Registrar has passed the impugned order dated 7.1.2008 which is appended as Annexure -16 to the writ petition.
11. By this order, the Deputy Registrar has decided various objections raised by members of the Samiti. One of the objections raised by Sri Neeraj Jain alongwith a list of members was that some persons in the electoral roll were taking benefit of dual membership i.e. though they were life members but they were also taking benefit as a general member, hence he prayed that electoral roll be rectified and names of such members be removed from the membership of general members. After perusal of relevant documents, the Deputy Registrar on this objection came to the conclusion that names of those members who are life members of the Samiti, would be removed from the membership of general members and the electoral roll be would be rectified accordingly.
12. Another objection by Virendra Jain was that those general members who had not deposited membership fee regularly, should not be continued as member. On this issue, the authority found that Virendra Jain did not support his contention by any documentary evidence, whereas on the other hand Sri Akhil Kumar Barolya produced receipt-book, cash book etc. which indicate that receipts in their favour had been issued in accordance with law, as such the aforesaid objection was rejected. Similarly, other objections regarding individual membership were also decided.
13. Regarding one of the objections which has also been urged by the Learned Counsel for the petitioner is that he has been discriminated as his name has not been included in the list of membership. In this regard, the learned Counsel has also referred bye laws 1-Gha which according to him provides that those persons who have not deposited their fee regularly and continuously for four years, cannot be permitted to vote in the election. The authority has held that only those members can participate in the election who have been members for at least four years before the date of notification of the election and no new member can participate in the election by depositing four years' membership fee at a time. Bye laws 1-Gha further provides that membership fee can be deposited by the date fixed. The authority further held that the members made between 1.4.2002 to 9.10.2002, whose name is not in the electoral roll of election dated 24.11.2002, will not be permitted to participate in the election. In this regard, Bye laws 1 Gha for reading reference is quoted below:
?k& pquko esa ogh lk/kkj.k lnL; er ns ldsxs A tks lfefr ds pquko frfFk ls de ls de 4 o"kZ iwoZ lk/kkj.k lnL; cus gks A ,oa ernkrk lwph izdkf'kr gksus ls iwoZ fu/kkZfjr frfFk rd iw.kZ lnL;rk 'kqYd ns pqds gks A dksbZ Hkh u;k lnL; ,d lkFk 4 lky dk pUnk nsdj pquko esa Hkkx ysus dk vf/kdkjh ugh gksxk A Term " General member" has been defined in bye laws 4-Ghan which is as under:
M+ [email protected]& :i;k okf"kZd iznku djus okys lk/kkj.k lnL; gksxs A
14. The authority concerned/election officer by the impugned order, therefore, held that those persons who have been enrolled four years back and who deposited membership fee by the cut off date for depositing membership fee, shall be permitted to participate in the election and vote. Relevant extract of the impugned order in this regard is as under:
Jh lqjs'k pUnz ik.M;k }kjk vkifRr izLrqr dh x;h gS fd o"kZ 2002 ds pquko ds i'pkr xr 5 o"kksZ esa dkykrhr egkea=h }kjk dksbZ u;s lnL; ugha cuk;s x;s Fks ijUrq o"kZ 2007 dh ernkrk lwph ns[kus ij Kkr gksrk gS fd dkQh cM+h la[;k esa ernkrk lwph esa u;s uke 'kkfey gSa tks egkea=h ds tkuus okys o ifjfpr gS A vkSj muds uke gVkus dk vuqjks/k fd;k x;kA mDr ds dze esa Jh cjkSY;k ls iwjk x;k fd mDr Jh ik.M;k }kjk izLrqr lwph ds lEcU/k esa vkidk D;k dFku gS rks mDr dze esa mUgksus voxr djk;k fd iwoZ izcU/kdkfj.kh lfefr dh cSBd fnukad 9-9-2002 dh cSBd esa fu.kZ; fy;k x;k Fkk fd fnukad 31-3-2002 rd cus vkthou lnL; gh ernku esa Hkkx ys ldsxsa A dkykrhr egkea=h }kjk fnukad 31-3-2002 rd cuk;s x;s vkthou lnL;ks dk o"kZ 2002 dh lwph esa vafdr ugh Fkk A fo/kku esa fufgr izkfo/kkuks ds vuqlkj iwoZ egkea=h }kjk vius dk;Zdky esa cuk;s x;s lnL;ks dk uke 2007 dh lwph es tksM+k x;k gS A bl lEcU/k esa laLFkk dh oS/kkfud fu;ekoyh dk voyksdu fd;k x;k ftlesa Li"V O;oLFkk gS fd pquko esa ogh lnL; er ns ldsxsa tks lfefr ds pquko dh frfFk ls de ls de pkj o"kZ iwoZ lk/kkj.k lnL; cus gks ,oa ernkrk lwph izdkf'kr gksus ls iwoZ fu/kkZfjr frfFk rd iw.kZ lnL;rk 'kqYd ns pqds gks A dksbZ Hkh u;k lnL; ,d lkFk pkj o"kZ dk punk nsdj pquko es Hkkx ysus dk vf/kdkjh ugh gksxk A blls Li"V gS fd fnukad 01-4-2002 ls fnukad 9-10-2002 rd cuk;s x;s lnL;ks dk uke pquko fnukad 24-11-2002 dh lwph esa vafdr ugh Fkk A o"kZ 2007 esa djk;s tk jgs pquko es mDr O;fDr;ks }kjk tks 4 o"kZ iwoZ lnL; cuk;s x;s gS A mudk uke lwph es vkuk vko;'d gS A Jh cjkSY;k }kjk izLrqr lwph esa mDr O;fDr;ks ds uke lfEefyr fd;s x;s gS D;ksfd mDr lnL; iwoZ dh lfefr }kjk iwoZ esa gh cuk;s x;s gsS A vr% mDr vkifRr fujLr dh tkrh gS A
16. Contention of the counsel for petitioner is that he had tried to deposit his membership fee of Rs. 75/- which has not been accepted, therefore, he has been discriminated. Hence the order passed by the Election Officer dated 7.1.2008 is illegal and cannot be sustained in the eyes of law.
17. Learned Counsel for the respondent in this regard has placed the order of the Election Officer in which it has been held that membership fee of those general members have been accepted who had deposited their membership fee by the cut off date for deposit of the said fee. As the petitioner had deposited his fee after the aforesaid date he had not been included in the electoral roll for the purpose of participation in the election. The finding of the Election officer is as under:
v/kksgLrk{kjh }kjk dkykrhr izcU/k lfefr dk izdkf'kr pquko dk;Zdze ds fcUnq ua0 2 ds dze esa izdj.k dh lquokbZ gsrq fnukad 30-12-2007 ,oa 1-1-2008 fu/kkZfjr djrs gq, foLr`r :i ls lquokbZ dh x;h vkSj fcUnq ua0 1 esa vufUre lwph ij vkifRr;kW izLrqr djus dk fnukad 27-12-2007 nl cts ls 4-00 cts rd fu/kkZfjr fd;k x;k Fkk A Jh vuqjkx tSu }kjk fnukad 3-1-2008 dks viuh vkifRr izLrqr djrs gq, voxr djk;k gS fd ernkrk lwph 62 lnL;ks ds uke 'kkfey fd;s x;s gS mudh ewy fjdkMZ+ eaxkdj tkap djuk vko;'d gSA fuEu pkj O;fDr Jh lat; dqekj tSu] eksrh pUn tSu] Jherh va'kw tSu Jh vfer ikVuh dk iSlk cSad [kkrs esa tek psd bUgh lnL;ksa ls vk;s Fks A U;k;ksfpr gksxk A lkFk gh nksgjh lnL;rk uhfr tSls vkthou lnL; o lk/kkj.k lnL; ,d gh O;fDr gS] dk fojks/k fd;k gS rFkk uxj ls ckgj ds cus lnL;ks ij Hkh vkifRr dh gS [email protected]& :0 okf"kZd pUnk nsus okys O;fDr gh ernkrk gks ldrs gSa ,d lkFk pUnk gksus okys O;fDr erkf/kdkj dk iz;ksx ugh dj ldrs] izLrqr lk/kkj.k lHkk dh lwph esa ,d gh uke nks txg fy[ks tkus dk fojks/k fd;k x;k gS rFkk Jh gjs'k pUnz o Jh dey tSu dh lnL;rk ds lcU/k es vkifRr izLrqr dh gSs mDr leLr vkifRr;ksa dk [k.Mu Åij ds izLrjks es fd;k tk pqdk gS A i=koyh ij Jh vuqjkx tSu }kjk fnukad 14-11-2007 dks ,d i= izsf"kr djrs gq, ;g ekax dh gS fd vki }kjk vHkh rd esjh lnL;rk ij dksbZ fu.kZ; ugh fy;k x;k gS A U;kf;d n`f"V ls lquokbZ ds nkSjku mudks fof/kor vkSj foLr`r :i ls pquk x;k rFkk ;g iwNk x;k fd vki }kjk laLFkk dh lnL;rk 'kqYd dc tek fd;k x;k gS] rks muds }kjk ;g crk;k x;k fd esjs }kjk laLFkk ds [kkrs esa :0 [email protected]& lh/ks tek fd;k x;k Fkk A bl izdkj eS laLFkk dk lnL; gwWa bl lEcU/k esa esjs }kjk i=koyh dk voyksdu fd;k x;k rFkk ik;k x;k fd laLFkk dh fu;ekoyh ds vuqlkj laLFkk ds egkea=h }kjk nSfud lekpkj i= vej mtkyk fnukad 4-11-2006 esa ;g lwpuk izdkf'kr dh x;h Fkh izcU/kdkfj.kh dh fnukad 4-10-2006 dh lHkk esa gq, fu.kZ;kuqlkj vkxkeh fuokZpu esa Hkkx ysus ds fy, lHkh lk/kkj.k lnL; viuk cdk;k okf"kZd 'kqYd e; orZeku fofRr; o"kZ 2006-07 rd vFkZea=h Jh iz|qUu dqekj tSu ds ikl fnukad 30-11-206 dks lka; 8-00 cts rd tek djok nssa A lk/kkj.k lnL;ks us viuk viuk 'kqYd fu;r fnukad rd tek dj fn;k A lk/kkj.k lnL;ks esa dsoy Jh vuqjkx tSu dh gh vkifRr gS fd mudk iSlk tek ugha fd;k x;k tcfd muds }kjk cuk psd fu;r frfFk ds ckn tek djk;k x;k gS A Jh vuqjkx tSu }kjk :0 [email protected]& dk psd fnuakd 18-12-2006 dks Jh fnxEcj tSu f'k{kk lfefr vkxjk ds [kkrs es tek fd;k x;k gS A blls Li"V gS fd dkykrhr egkea=h }kjk izdkf'kr lwpuk esa fu/kkZfjr le; rd Jh vuqjkx tSu }kjk viuh lnL;rk dk uohuhdj.k djk;s tkus gsrq dksbZ Hkh 'kqYd tek ugh djk;k x;k A Jh vuqjkx tSu }kjk laLFkk ds [kkrs esa lh/kk :0 [email protected]& tek fd;k x;k gS] izdkf'kr foKfIr esa lnL;rk 'kqYd laLFkk ds vFkZea=h ds ikl tek djus ds funsZ'k fn;s x;s Fks A Jh vuqjkx tSu }kjk viuh lnL;rk dh jlhn laLFkk ls ekax dh x;h muds }kjk mudks ;g Li"V Hkh fd;k x;k Fkk fd vFkZea=h ds ikl vkidh dksbZ lnL;rk 'kqqYd tek ugh gS A vr% mldh jlhn fn;k tkuk laHko ugh gS A Jh cjkSY;k }kjk ;g voxr djk;k x;k fd cSad ls tkudkjh djus ij Kkr gqvk fd :0 [email protected]& Jh fnxEcj tSu f'k{kk lfefr ds cSad [kkrs es fu/kkZfjr frfFk ds mijkUr Jh vuqjkx tSu }kjk tek fd;k x;k gS] tc fd fu;ekoyh ds vuqlkj laLFkk ds lnL; cuus ds fy, laLFkk ds vFkZea=h ds ikl fu/kkZfjr 'kqYd fu/kkZfjr frfFk ds vUnj tek dj jlhn izkIr djuk gksrk gS A Jh vuqjkx tSu }kjk fu/kkZfjr frfFk fn0 30-11-2006 ds mijkUr laLFkk ds vFkZea=h ds ikl :i;s tek u dj lh/ks [kkrs esa tek fd;k x;k gS] tks ekU; ugh gS A vr% ekuuh; mPp U;k;ky; esa Lis'ky vihy la[;k [email protected] eas ikfjr vkns'k fnukad 11-10-2007 ds vuqikyu esa Jh vuqjkx tSu dh lnL;rk ds lEcU/k esa Jh vuqjkx tSu ds izR;kosnu ,oa bl ij dkykrhr egkea=h dh vkifRr;kW ,oa laLFkk dh fu;ekoyh ,oa lnL;rk jlhnksa dk fof/kor voyksdu fd;k x;k rFkk lekpkj i= ds ek/;e ls frfFk fu/kkZfjr dj lnL;rk ds lEcU/k es Jh vuqjkx tSu dh lnL;rk ,oa vU; dh lnL;rk dks Hkh foLrkj ls lquk x;k A lk{;ksa ,oa fu;ekoyh ds ifjizs{; esa Li"V gS fd laLFkk ds egkea=h }kjk fu/kkZfjr frfFk rd Jh vuqjkx tSu }kjk viuk 'kqYd tek ugha fd;k x;k Fkk A cfYd fu/kkZfjr frfFk 30-11-2006 ds ckn fnukad 18-12-2006 dks psd lh/ks [kkrs esa tek fd;k x;k ftls egkea=h }kjk bykgkckn cSad ds cSadlZ psd ua0 103351 ds ek/;e ls Jh vuqjkx tSu dks okil dj fn;k x;k gS A Jh vuqjkx tSu ds vfrfjDr lk/kkj.k lHkk ds lnL;kssa esa ls fdlh vU; lnL; us viuh lnL;rk tek u gksus dh vkifRr Hkh ugh dh gS A Jh vuqjkx tSu dh lnL;rk /kujkf'k laLFkk ds ikl tek ugh gSA vr% bUgs lnL; ugh ekuk tk ldrk gS ,oa ekuuh; mPp U;k;ky; ds vkns'k fnukad 11-10-2007 ds dze esa budh Loa; dh lnL;rk lEcU/kh izR;kosnu @ izkFkZuk i= fujLr fd;k tkrk gS A vufUre lwph esa lnL;rk ds lEcU/k esa fy, x;s lHkh mijksDr fu.kZ; ds vuqlkj vfUre lwph fnukad 10-1-2008 dks tkjh dh tk;sxh A mi fucU/kd @ fuokZpu vf/kdkjh QElZ lkslkbVht ,oa fpV~l vkxjk la[;k% 7411 ¼11½ @ 1&8869 vkxjk fnukad 07-01-08
18. In so far as the order dated 5.11.2007 is concerned, the contention of the counsel for petitioner that the Election Officer could not have asked for deposit of Rs. 50000/- towards election expenses from individual members, has some force as this type of expenses have to be borne by the society and not to be deposited in cash by the individual member as directed by the Election Officer. This amount having been deposited by the society pursuant to the order dated 5.11.2007, it cannot be said to be justified for the Election Officer to have again asked for this amount of money from individual member of the society. If that be so, all members ought to have shared this liability and letter should have been issued to all members for sharing the expenses. It is the society which represents the members, therefore, any election expenses has to be incurred by the society and not by individual members. However, as the amount of expenses have been deposited by the society, the impugned order dated 5.11.2007 in so far as the petitioner is concerned, looses its significance as the petitioner was not held to be a member and is accordingly quashed so far as the petitioner is concerned.
19. The last point urged by Sri Shailendra, counsel for petitioner that the Deputy Registrar without deciding the membership issue has notified schedule of the election on 15.11.2007, does not appear to have, any force. Relevant thing is that the election is to be held in which valid members may participate and vote. Even if, the election has been notified earlier, the election officer can decide question of valid membership subsequently but within a reasonable period of time so that valid members may be present, participate and vote in the election. In the present case, list of valid members declared on 10.1.2008 and the election and declaration of result is scheduled on 31.1.2008. Thus, the members have clear 18 days' time to raise any objection in this matter which in the opinion of this Court is quite sufficient time for the purpose.
20. But so far as the petitioner No. 2 is concerned, admitted fact is that he had not deposited the membership fee before the cut off date, therefore, he was not a valid member for participation in the election and the writ petition at his instance is not maintainable for the relief sought in the writ petition. This view finds support from the judgment rendered in Civil Misc. Writ Petition No. 30741 of 2007 filed by petitioner No. 2, in which the Court has held that whether the petitioner was duly informed and whether he was disqualified for failing to deposit the membership fee within time, is a dispute which requires determination facts. That dispute having now been decided by the Election Officer, the petitioner may file a civil suit as directed in that writ petition. In case the petitioner succeeds in the civil suit, he can challenge the election well but in case he fails on the ground that he was not a valid member, he may not be having any right.
21. As has already been held by this Court in Writ Petition No. 40535 of 2007 as also affirmed by the Division Bench in Special Appeal election is to proceed.
In the result, the writ petition fails and is accordingly dismissed the above observations.