Court No. - 2
Case :- WRIT - C No. - 3454 of 2018 Petitioner :- Ravibhan Singh Respondent :- State Of U.P.
Counsel for Petitioner :- Mr Rajeshwar Singh Counsel for Respondent :- C.S.C.,Mr Sanjay Srivastava
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Rajeshwar Singh for the petitioner and Sri Sanjay Srivastava, for respondent-4.
Rejoinder affidavit filed today is taken on record.
The writ petition has been filed for quashing the order dated 12.6.2017 passed by the Prescribed Authority by which the reference on the basis of compromise arrived at between the parties, under Section 25 of Societies Registration Act, 1860 (hereinafter referred to as "the Act",) has been decided.
It is admitted to the parties that election of office bearers of the Society Kshetriya Shri Gandhi Ashram Mau(hereinafter referred to as "the Society"), was held on 15.4.2011 in which Ram Niwas (respondent-4) was elected as Secretary of the Committee of Management of the Society. The petitioner along with other persons made a reference to Prescribed Authority/Sub Divisional Officer, Sadar, Mau under Section 25 of the Act. The matter is pending before the Prescribed Authority/Sub Divisional Officer, Mau.
In the meantime, term of the office bearers of Committee of Management of the Society had expired. The fresh election is alleged to have been held in the year 2014, in which it is alleged that a person from Lucknow was nominated as Secretary of the Committee of Management of the Society. Therefore, Ram Niwas filed a reference under Section 25 of the Act before Prescribed Authority/Sub Divisional Officer Mohammadabad Gohna, district Mau. In respect of this reference a compromise was arrived at between the parties and on the basis of compromise the reference was decided by the impugned order dated 12.6.2017 passed by Prescribed Authority/Sub Divisional Officer Mohammadabad Gohna, district Mau. It is admitted to the parties that challenging election dated 15.4.2011 Writ C No.26670 of 2011 was filed which was dismissed by order dated 14.10.2011. This order was challenged in special appeal. Special Appeal Defective No.485 of 2016, Special Appeal No.974 of 2012 and Writ C No.32999 of 2015 were consolidated and decided by the Division Bench of this Court by judgment dated 4.8.2016 in which this Court directed the Prescribed Authority to summon the record of the elections held in the years 2011 and 2014 and after examining the legality of elections of the years 2011 and 2014 decide the dispute on specific issues framed in the judgment. Till disposal of the reference Assistant Registrar was directed to look after the day-to-day affairs of the Society. However, the order passed by the Division Bench dated 4.8.2016 was not complied with inasmuch as earlier reference raised in respect of election of 2011 remained pending before Sub Divisional Officer, Sadar, district Mau while subsequent reference filed before Sub Divisional Officer, Mohammadabad Gohna, district Mau was decided in terms of compromise entered between the parties without examining its legality on merit. Thus order passed by Division Bench has not been complied with in its true spirit.
In the facts of the case, the writ petition succeeds and is allowed. The order of Sub Divisional Officer, Mohammadabad Gohna, district Mau dated 12.6.2017 is set aside. The reference pending in the court of Sub Divisional Officer, Sadar, Mau is transferred to the court of Sub Divisional Officer Mohammadabad Gohna, district Mau, who shall consolidate the references relating to elections of 2011 and 2014 and shall decide the same by a common order in accordance with the direction given by the Division Bench of this Court by order dated 4.8.2016, within a period of three months from the date of production of a certified copy of this order before him. In case election of 2014 was found invalid, the Assistant Registrar shall proceed to hold election after deciding the validity of electoral college under Section 25 (2) of the Act within a period of two months thereafter.
Order Date :- 27.3.2018 mt