Learned counsel for the petitioner appeared.
Learned standing counsel appeared for opposite parties no.1 and 2.
Shri S.P. Shukla appeared for opposite party no.3.
Heard both parties on application for interim relief.
Learned counsel for the petitioner contended that the impugned order dated 4.3.2014 passed by opposite party no. 1 is without jurisdiction, hence it cannot be enforced. But in pursuance of this impugned order election of committee of management has been declared. 22.6.2014 the date for election has been fixed. Therefore, the impugned order should be stayed.
Learned counsel for the petitioner has placed reliance on following rulings:
1. Committee of Management, Anjuman Kherul Almin Allahganj and another Vs. State of U.P. and others reported in (2014) 1 UPLBEC 233.
2. Abul Kalam and another Vs. Prescribed Authority/Sub Divisional Magistrate, Phoolpur, District Azamgarh and others reported in 2000(18) LCD 1219.
3. The Committee of Management, Naldeo Kuldeo Purva Madhyamik Vidyalaya, Belaon, District Jaunpur Vs. The Assistant Registrar, Firms, Societies and Chits, Azamgarh reported in 1998 (16) LCD 772.
Learned standing counsel as well as learned counsel for opposite party no.3 have opposed application for interim relief.
Learned counsel for opposite party no.3 contended that membership of petitioner stands terminated vide resolution dated 21.8.2011, hence he is not a member of the society and he has not challenged this resolution dated 21.8.2011.
Learned counsel for opposite party no.3 further contended that opposite party no.2 has passed impugned order under Section 4 of Societies Registration Act and opposite party no.2 has found no bonafide dispute regarding election of office of the society. Therefore, order passed by opposite party no.1 is in accordance with law and section 25 of the Societies Registration Act is not applicable.
Learned counsel for opposite party no.3 further contended that in pursuance of the impugned order election process has been started. Therefore, no interference may be made in election process at this stage.
Learned counsel for opposite party no.3 has relied on following rulings:
1. Committee of Management, Dwarika Prasad Higher Secondary School, Dashrathpur, Jaunpur and another vs. Deputy Director of Education, Azamgarh Region and another reported in (1998) 3 UPLBEC 1925.
Connected Committee of Management, Janta Junior High School, Anapur, Dashrathpur, Jaunpur and another Vs. Assistant Registrar, Firms, Societies and Chits, Varanasi and another
2. Subodh Kumar Vs. State of U.P. and others reported in 2008(2) ESC 1486 (Allahabad)
3. Committee of Management, Dr. Lohiya Madhyamik Vidyalaya, District Farrukhabad/Kannauj and another Vs. State of U.P. and others reported in 2008(2) ESC 874 Allahabad High Court
4. Committee of Management, Bal Shiksha Mandir and another Vs. Assistant Registrar Firms, Societies and Chits and others reported in 2005(5) E.S.C.Allahabad High Court
5. Fahim Ahmad and others vs. State of U.P. and others reported in 2008(26) LCD 1109 Allahabad High Court (Lucknow Bench)
6. Committee of Management, Rajasthan Inter College, Mirzapur through its Manager and another Vs. State of Uttar Pradesh and others reported in (2004) 2 UPLBEC 1451
7. Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. State of Maharshtra and others reported in (2001) 8 Supreme Court Cases 509
8. Committee of Management, Sri Nehru Smarak Inter College, Jaithara, District Etah and another vs. Surjan Sigh and others reported in (2004) 3 UPLBEC 2596
9. Swami Nath Pandey Vs. State of U.P. through Secretary Higher Education Government of U.P. Lucknow and others (Misc. Single No.1405 of 2014) I have perused above rulings cited by parties.
In the case of Committee of Management, Anjuman Kherul Almin Allahganj and another Vs. State of U.P. and others reported in (2014) 1 UPLBEC 233, Hon'ble Division Bench of this Court held in para 7 as follows:
" It will, therefore, be seen hat insofar as disputes or doubts in respect of the election or continuance in office of the office-bearers of society registered in Uttar Pradesh are concerned, the Legislature has created a specific forum and laid down an exhaustive procedure for determination of the same under Section 25. There is no other provision, express or otherwise, providing for determination of such disputes specifically. It is settled law that where, as here, the Legislature creates specific forum and lays an exhaustive procedure for determination of a particular class of disputes in respect of matters covered by the statute, such disputes can be determined only in that forum and in the manner prescribed thereunder and not otherwise. If, therefore, a dispute is raised with regard to the election or continuance in office of an office-bearer of a society registered in Uttar Pradesh, the same has to be decided only by the Prescribed Authority under section 25(1) and not by the Registrar, save, of course, to the decision of the Prescribed Authority being subject to the result of a civil suit."
Perusal of the impugned order shows that on the basis of contention made before the Registrar there appears a dispute regarding election or continuance in office of the office-bearers of society. Therefore, in view of of above recent judgment of Division Bench of this Court in Committee of Management, Anjuman Kherul Almin Allahganj and another Vs. State of U.P. and others reported in (2014) 1 UPLBEC 233, it appears that the impugned order passed by opposite party no.1 is not in accordance with law.
In Fahim Ahmad and others vs. State of U.P. and others reported in 2008(26) LCD 1109 Allahabad High Court (Lucknow Bench) has held that once election process commenced and is notified High Court should not interfere under extraordinary jurisdiction Article 226 of the Constitution of India.
In view of contentions made by both parties, I am of the view that application for interim order should finally be disposed off after affording opportunity of counter and rejoinder affidavits.
Therefore, opposite parties are granted time to file counter affidavit within a week. The petitioner may file rejoinder affidavit within a week thereafter.
List on 8.7.2014 for hearing before the appropriate Bench.
Perusal of the writ petition shows that writ petition has been filed on 14.5.2014 and election process has been started on 2.6.2014. In view of recent judgment of Division Bench of this Court in Committee of Management, Anjuman Kherul Almin Allahganj and another Vs. State of U.P. and others reported in (2014) 1 UPLBEC 233, prima facie it appears that impugned order is not accordance with law.
Therefore keeping in view of peculiar circumstances of this case, I am of the view that operation of the impugned order should be stayed till the next date of listing subject to the condition that election process in pursuance of impugned order shall be concluded but result of election shall not be declared till the date of listing.
Interim order is passed accordingly.
Order Date :- 19.6.2014 R.U.