Over 2 lakh Indian cases. Search powered by Google!

Case Details

COLLEGE OF MANAGEMENT STUDIES EDUCATION SOCIEITY versus THE DEPUTY REGISTRAR FIRMS SOCIEITIES AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


College Of Management Studies Education Socieity v. The Deputy Registrar Firms Socieities And Others - WRIT - C No. 3913 of 2006 [2006] RD-AH 4562 (27 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved on 24.01.2006

Delivered on 27.02.2006

Civil Misc. Writ Petition No. 3913 of 2006

College of Management Studies

Educational Society and another

versus

The Deputy Registrar, Firms Societies &

Chits and others

Hon'ble V.K. Shukla,J.

Dilip Kumar Singh claiming himself to be the Executive Secretary/Managing Director of College of Management Studies Educational Society, has approached this Court questioning the validity of the action taken by the Deputy Registrar, Firms, Societies and Chits, Meerut accepting and registering the list of office bearers and members of the Societies submitted by the Respondent no. 2 and 3 respectively.

Brief background of the case as mentioned in the writ petition is that petitioner no. 1 is a society registered under Societies Registration Act 1860. Said society was founded with a view to promote Professional and Job Oriented Education awareness in the field of management, computer, science and application, finance and accountancy, international marketing, hotel management export management, medical science, tourism etc. Society in question was founded in April 2005 and same was got registered on 11.04.2005. Petitioner no. 2 is promoter member of the Society and is also the Executive secretary/Managing Director of the Society. Said society has established a college namely "National College Hotel Management", which is recognized and approved by the Punjab Technical University, Jallunder. Grievance of petitioner thereafter is that list of office bearers and members registered on earlier occasion has been virtually changed wherein Vineet Singh has been shown as Executive Secretary of the Society and four members have also been replaced. It has been contended that entire action undertaken is ex-parte without providing any opportunity of hearing and further at no point of time any resolution whatsoever has been passed for removing the petitioner and four other members of the society. At this juncture present writ petition has been filed.

Supplementary affidavit has also been filed and therein it has been contended that petitioner no. 2 is still ineffective control over the college and Management at Agra and entire thing has been sought to be manipulated by the Chairman who is living at Noida. It has further been contended that petitioner has no knowledge about any public notice having been published in the newspaper. Authority of Deputy Registrar has also been questioned qua the action taken.

Counter affidavit has been filed on behalf of respondent nos. 2 and 3 and therein it has been asserted that petitioner no. 2 mismanaged the affairs of the society and when issues were sought to be discussed then there was complete non-cooperation on the part of petitioner no. 2 and ultimately petitioner no. 2 proved to be nuisance for the institution and society both. Details have been given qua the amount which has been received and spend by petitioner no. 2 suggesting in a way that he has embezzled aforementioned amount. It has been contended that as action of petitioner no. 2 was not at all conducive to the affairs of the society and institution as such  emergent meeting of General Body was convened for 12.12.2005 and agenda notice dated 21.11.2005 was sent by UPC on 28.11.2005 and notice was also published in daily newspaper "Rashtriya Sahara" on 11.12.2005 and therein qua petitioner no. 2 as he had not been performing in the interest of the Society, resolution was passed ousting him and Vineet Singh was made Executive Secretary and one Sujeet Singh was made Joint Secretary. One Dhananjai Kumar Singh was inducted as member of managing committee and qua petitioner no. 2 it was mentioned that he should be kept out. Member of the Society namely Smt. Shanti Devi, Sri Bageshwar Tiwari, Sri Hans Kumar Singh, Kumar Upasana, Sri Indra Singh, Smt. Heena Singh, Smt. Bindu Singh, Sri Sunil singh and Sri Gopal Singh have not deposited their membership fee as yet, as such information be sent for depositing their membership fee by 25.12.2005 failing which their membership shall automatically come to an end, and next date fixed for meeting of General Body was 26.12.2005. Resolution no. 4 was passed mentioning therein that Smt. Shanti Devi, Sri Bhageshwar Tewari, Sri Hans Kumar Singh and Kumari Upasana have not deposited their membership fee, and this shows that they are not intrested in functioning of managing committee and no co-operation is being extended from them, as such these four persons be removed from membership of managing committee and they be accepted as ordinary member and in place of these four members, Sri Ghanshyam Singh, Sri Lal Pratap Singh, Smt. Seema Singh and Smt. Bindu Singh be accepted as Members of managing committee. Thereafter qua the persons who had not attended the meeting, information was sent on 15.12.2005 by U.P.C. Meeting of General Body dated 26.12.2005 has been held wherein four members Smt. Shanti Devi, Sri Bhageshwar Tewari, Sri Hans Kumar and Kumari Upsna Singh on account of non-deposit of membership lost their membership. It has further been contended that on 19.12.2005 entire proceedings were communicated and transmitted to the Deputy Registrar, Firms, Societies and Chits. Thereafter it has been contended that public notice was published on 21.12.2005 and as no objection has been filed changed list of members of managing committee was accepted. In this background it has been contended that valid resolution has been passed and due notice have been given to the petitioners and as such no interference be made by this Hon'ble Court and writ petition is liable to be dismissed.

After pleading mentioned above have been exchanged present writ petition has been taken up for final disposal with the consent of the parties.

Sri P.S. Baghel counsel for the petitioner contended with vehemence that society in question was registered on 11.04.2005 and thereafter entire changes which have been sought to be effected are behind the back of the petitioner and further entire proceedings from the own showing of the respondents are in the teeth of the provisions as contained in bye-laws of the society,  and are manipulated proceedings as such by no stretch of imagination action taken by the Deputy Registrar, Firms, Societies and Chits can be sustained, and writ petition is liable to be allowed.

Sri Ashok Khare, Senior Advocate, on the other hand contended that petitioner and four other persons have been removed by the General Body of the Society and General Body is repository of all powers and full opportunity has been provided to the petitioner and four other members, and no fault can be faulted in the action taken, as such no interference be made by this Court and writ petition is liable to be dismissed. Much emphasis has been laid on the conduct of petitioner no. 2 while dealing with the affairs of the society and the institution.

In order to appreciate  the respective arguments advanced on behalf of the parties, bye laws of the society is being adverted to. Relevant bye laws of the society are being quoted below:

Membership of the Society :

The following category of membership consist the society:

1. Promoter Members

2. Ordinary Members

(1) Promoter Member: the promoter member will be the life member of the society any individual in India or abroad who donate at least Rs. 5001 or more will be deemed to be promoter member of the society by approval of managing committee. Promoter member shall not pay annual subscription promoter member will have a permanent right to all the meetings of the society. In the case of death of any promoter member of the managing committee will co-opt the spouse or son of the deceased or any other person nominated by him as the promoter member of the society with the approval of managing committee. Such co-opted promoter member shall have the same right to that of the deceased promoter member. The managing committee have right to decrease or increase the member of promoter member by 2/3 majority.

(ii) Ordinary Member:  Any person donate Rs. 5001 or more will be deemed to be an ordinary member of the society with the approval of managing committee. The annual membership fees or the category is Rs. 5001 per annum. On default of payment of annual membership fees the membership is automatically cancelled. The managing committee will have right to increase or decrease the member of ordinary membership at any times by resolution of 2/3 majority.

6. Termination of Membership :

(i) Resignation

(ii) Expiry of term if any

(iii) Death

(iv) Mental disordation

(v) Acting against the interest

(vi) By the resolution passed by 2/3 majority of the managing

committee member of any category shall lost his/her  

         membership      

(vii) Involvement in any criminal activities

(viii) if the member fails to submit the annual membership (if

          any) within the month from the last date prescribed for the

          submission of fee.

(ix) On any disciplinary ground.

7.Part of the Society:  The society shall have two functionaries for joining the society under the laid down aims and objectives.

(i) General Body

(ii) Managing Committee

8. General Body:

(a) All the members of the Society whether promoter member or an ordinary member shall form the general body.

(b)............

(C)..........

(d)............

(e)..........

(f)In respect of consideration of any matter of outmost importance an extra ordinary general meeting may be held even in a short notice provide however that it is agreed to be both the chairman and secretary of the society.  

(g) The power and duties of general body are

(i) The elected the member of Managing Committee

(ii) The consider adopt any approve the annual report  

submitted before it by the managing committee together with  

         the annual audited accounts and audit report  as signed by      

        Chartered Accountant in respect of the

         proceeding accounting year.

(iii) The transact any other matter placed before if by  

         managing committee

9. Managing Committee:

(a)The Managing Committee shall consist of the following

(i) Chairman

(ii)Vice Chairman

(iii)Executive Secretary/Managing Director

(iv)Treasurer Joint Secretary

(v)and other 7 members amongst the promoter members.

Since the chairperson and managing secretary is promoting the society they will be permanent beyond the ambit of election/selection. They will act as a permanent statutory body.

(b) Meetings of the Managing Committee:  The managing Committee shall meet once in a 3 calender month. However at least 4 such meeting shall be held in 3 years

(c )At least 7 days notice in the writing shall be necessary for convenient the meeting of the managing committee. A shorter notice may be given if agreed by the Chairperson and the secretary of the managing committee of consideration of any matter of almost urgency.

(d)the quorum of the meeting of managing committee shall be 2/3 of the majority.

(e) Fill up the Vacancy: it there is any vacancy in the managing  committee due to any reasons of any provision of the rule (6) above then the manging committee shall have power to fill up such vacancy by its decision of majority.

(f) Powers and duties of the Managing Committee:

(i) To purchase, acquire, got allotted, take over any land or building or lease, mortgage hypothecate or otherwise and to hold manage, supervise and control all such institution or other properties for the furtherance of the aims and object of the society on the basis of No Profit No Loss.

(ii) To determine all question relating to the policy and all matters pertaining the functioning of the society.

(iii) the exercise various means and device for realizing the subscription and donations, Loans, grant's aids.

(iv) the open various bank accounts for the progress of the society and educational institution and other institution under its control and management.

(v)to select bankers for the society and other institution under their control and management from amongst the Indian banks

(vi) to invest and keep invested the societies property in the best way possible in order to get the maximum return of that for the furtherance of objects of the society.

(vii) to dispose of exchange or otherwise transfer any movable or immovable property. If it be in interest of any beneficial to the society.

(viii) to let out demolish any immovable property comprised in the basis of such terms and conditions as the Managing Committee in their absolute decision shall think fit.

(ix) The adjust settle, compromise, compound refer to the arbitration allocation of suits, claims demands and proceeding regarding the society property.

(x) To appoint and fix the duties power and remuneration for the teacher, including their increment and other employees and to make rules for their leave etc.

(xi).The appoint and fix the duties power and remuneration for the teacher, including their increment and other employees and to make rules for their leave etc.

(xii) In special cases to allow freeship and scholarship to decriming students.

(xiii)to prepare annual accounts.

(xiv) To control, administration and manage all the affairs of the society its property and funds.

(xv) To make rules for the management of institution under its control necessary for implementing the Government requirement and to constitute management body accordingly.

(xvi) To prepare curriculum of the studies.

(xvii) To decide the nominator of any Institution and places under the control and supervision of the society in the name of the donor or any other person or as decided by the Managing Committee.

(xviii) To do or to perform all such acts and things that may be necessary in the interest of all for the benefit of the society.

(xix) To  take loan either secured or unsecured in order to means the finance of the society and the institution controlled by it.

(xx) to collect finance by all means of fees, subscription donations, grants aids, loans from individuals, association of person, firms, companies, societies, trust, Government aids etc.

(xxi) to give donations aids for upliftment of the poor and down trodden class of the society.

(xxii) to frame sub-rules, regulations and bye-laws for itself and for the institution under its control and management with the frame work of the society.

(xxiii) all documents required to be executed by the Managing Committee in exercise of power conferred above may be executed under the signature of the secretary and chairpersons for and on behalf of the society both for internal and external purpose.

(xxiv) The approve the budget of institution and society.

(xxv) To approve the expenditure of executive council and society of institution.

(C) Managing Secretary/Director:-

(i) to keep all the correspondence on behalf of the society and Managing Secretary/ M. Director of the society shall preside over all the meeting and general body of the society jointly.

(ii).all contract suit and documents acquiring the signature of any person in order to bind the society shall be done by the Managing Secretary such other person as may be nominated by the Managing Secretary.

(iii)to control all the financial implications of the society and give approval to the budget passed by executive council.

(iv) to realize, to receive and disperse money with the permission of the managing committee.

(v).Managing Secretary/Director will be the whole time office bearer of the society as well as institution to look after in entire affairs  and management of the society and institution. The remuneration and such other expenses and allowance will be approved by the Managing him/her.

(vi) Managing Secretary/ Director will be the whole time office bearer of the society as well as institution to look after in entire affairs  and management of the society and institution. The remuneration and such other expenses and allowances will be approved by the Managing him/her/

(9) Managing Committee Shall be appoint for the terms of five years

(10) Duties and Power of the office bearers of the Managing Committee.

Bare perusal of the bye laws of the society would go to show that there are two categories of membership in the society one is promoter member and second is ordinary member. The promoter member will be the life member of the society and any individual who donate at least Rs. 5001 or more to the society after donating the amount will be deemed to be promoter member of the society by approval of managing committee. Promoter member shall not pay annual subscription and promoter member will have a permanent right to all the meetings of the society. In the case of death of any promoter member the managing committee will co-opt the spouse or son of the deceased or any other person nominated by him as the promoter member of the society with the approval of managing committee. Such co-opted promoter member shall have the same right as that of the deceased promoter member. The managing committee have right to decrease or increase the member of promoter member by 2/3 majority. Ordinary Member is also member who donate Rs. 5001 or more and will be deemed to be an ordinary member of the society with the approval of managing committee. The annual membership fees for the said category is Rs. 5001 per annum. On default of payment of annual membership fees the membership is automatically cancelled. The managing committee will have right to increase or decrease the member of ordinary membership at any times by resolution of 2/3 majority. Clause 6 deals with termination of member ship in various contingencies and further by the resolution passed by 2/3 majority of the managing committee member of any category shall lose his/her membership. Clause 7 provides that the society shall have two functionaries for joining the society under the laid down aims and objectives. One is General Body and second is Managing Committee. Clause 8 deals with General Body and provides that promoter member and ordinary member shall form the general body. Sub-clause (f) of Clause 8 deals with consideration of any matter of outmost importance in an extra ordinary general meeting which may be held even at a short notice provided however it is agreed to both the chairman and secretary of the society. Sub-clause (g) of Clause 8 deals with power and duties of general body namely the power to elect the member of Managing Committee. To consider adopt approve the annual report   submitted before it by the managing committee together with the annual audited accounts and audit report  as signed by Chartered Accountant in respect of the proceeding accounting year and further transact any other matter placed before it by Managing Committee. Clause 9 deals with Managing Committee and further it has been provided therein since that Chair person and Managing Secretary is promoting the society they will be the permanent beyond the ambit of election/selection. They will act as permanent statutory body. Sub clause (b) of Clause 9 deals with meetings of the Managing Committee. Sub clause (e) of Clause 9 deals with filling up the vacancy occurred due to reason of any provision of the rule (6) in this respect the managing committee has the authority to fill up such vacancy by its decision of 2/3rd majority. Clause (C )  deals with Managing Secretary/Director. Clause 10 deals with duties and Power of the office bearers of the Chairperson/Chairman.

Undisputed position which is emerging is to the effect that the society in question has been got registered on 11.04.2005 wherein following office bearers and members were shown with address, Designation, Occupation as under.

Serial No.

Name & Father's Name

Address

Designation

Occupation

1

Mr. Mahendra Singh/Late Sri Markandya Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Chairman

Social Workers

2

Mr. Dilip Kumar singh/Mr. Tirth Nath Singh

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

E Secretary

Social Workers

3

Mr. Tirth Nath Singh Late Thakur Shiwan Singh

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

Vice Chairman

Business

4

Mr. Manoj Singh/Mr. Mahendra Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Treasurer

Business

5

Mr. Veent Singh/Mr. Mahendra Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Joint Secretary

Business

6

Mrs. Malti singh/Late Shri Kailash Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Ordinary Member

Social Worker

7

Mr. Surjeet Singh/ Mr. Mahendra Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Ordinary Member

Business

8

Mrs. Shanti Devi/Late Inderdevo Singh

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

Ordinary Member

Social Worker

9

Mr. Bhageshwar Tiwari/Mr. Shriram Tiwari

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

Ordinary Member

Business

10

Mr. Hansh Kumar Singh/Mr. Ramanughrah

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

Ordinary member

Business

11

Mrs. Sangeeta Singh/Mr. Mahendra Singh

B-205 Plot No. B-9/11 Shivkala Aptt. Sec. 62 Noida

Ordinary Member

Social worker

12

Miss Upasana

D 61/38 E-11 Sidhgiri Bagh Sigra Varanasi

Ordinary Member

Social worker

Society in question has been got registered at Nodia, Gautam Budha Nagar and in the list of office bearers and member as accepted by the Deputy Registrar, Meerut, Dilip Kumar Singh, Tirth Nath Singh, Shanti Devi, Bhageshwar Tiwari, Hans Kumar Singh and Miss Uppasana are all resident of Varanasi. As per respondents valid resolution has been passed on 12.12.2005 against petitioner no. 2 by sending Agenda Notice at Varanasi address by UPC on 28.11.2005. Notice regarding holding of meeting in news paper has been published in Daily Rastriya Sahara published from Delhi on 11.11.2005. Agenda notice has been annexed as Annexure No. CA-3. Three items have been mentioned therein. (i) Consideration of past proceedings (ii) Consideration of income and expenditure account (iii) Removal of Members and induction of Members. Agenda Notice is dated 21.11.2005 sent by UPC on 28.11.2005. Agenda Notice does mention about removal of member and induction of members, and at no place in the agenda any mention has been made that proceeding for removal of petitioner no. 2 from the office of Executive Secretary and other members of Managing Committee shall take place. Executive Secretary under the bye laws of the society has been conferred special privilege on account of promoting the society and the said office has been kept beyond the ambit of selection and election. Once resolution was to be placed expressing no confidence in him then there ought to have been valid agenda mentioning therein that there is move of removal of petitioner no. 2 from the office of society alongwith other members of managing committee of society.

Various factors available on record clearly points out that in the present case, proceedings have not been undertaken in free, fair and transparent manner. Termination of membership is provided for under Clause 6 of bye-laws of society and sub-clause (iii) provides that same can be done by resolution passed by 2/3 majority of Managing Committee. In the present case managing Committee has not passed any resolution and resolution is alleged to be of general body. Meeting of General Body has been suggested in exercise of authority under clause 8 (f) which provides that in the matter of outmost importance an extraordinary general meeting can be held even at short notice provided it is agreed to Chairman and Secretary. Removal of Executive Secretary can certainly be termed to be a matter of utmost importance and when same was to be adverted too then it ought to have preceded with valid agenda mentioning that such an issue would be deliberated on in meeting dated 12.12.2005. Nothing has been brought on record to suggest that at any point of time request was made for convening meeting of Managing Committee or of the General Body and petitioner No. 2 had not taken any action on the same. Statement of fact has been mentioned that on account of misappropriation of account petitioner no. 2 was not co-operating to run the society and no meeting was convened. In the absence of any documentary evidence being furnished in this respect no reliance can be placed on this bald statement of fact, that there was non-cooperation on the part of the petitioner no. 2 to convene the meeting.

Agenda notice is dated 21.11.2005, same has been sent after one week on 28.11.2005 and that too by UPC at Varanasi address. No attempt or endeavor has been made to see that same has been served or not Chairman was well aware that petitioner and other members against who motion was sought to be brought were resident of Varanasi then publication ought to have been ensured in the area where respondents have been residing. Here publication has been made in newspaper published from Delhi and in the said newspaper publication items of agenda has not been mentioned rather information by notice has been given that meeting is fixed for 12.12.2005. In the fact of present case this much is clear that Agenda Notice and news paper notice was not going to serve any purpose as in the Agenda Notice at no point of time there had been resolution for removal of office bearers and members of Managing Committee and to the contrary vague and evasive agenda was there regarding removal of membership and accepting the members. Such agenda as mentioned above is of no consequence as such no credibility could be attached to the agenda notice dated 21.11.2005 and also to the resolution passed pursuant to same as same is also of no consequence . One more striking feature which is reflected in the present case is that bye laws of the society clearly demonstrate that right of termination vested with Managing Committee and at no point of time Managing Committee passed any resolution for termination of membership of the petitioner and other four members. Sub Clause (f) of Clause 8 provides that General Body is entitled to consider any matter of outmost importance at an extra ordinary general which meeting may be held even it a short notice provided however it is agreed to both the Chairman and Secretary of the society. General Body has to function as per sub-clause (g) of Clause 8. Area of function of Managing Committee and General Body has been clearly demarcated for and similar is the situation qua authority of each and every office bearer. Every authority will have to take care of the fact that they have to abide by the laws of the society and are bound by the provisions of the by laws of the society and cannot be permitted to overcome overreach and breach the by laws of the society. It is true that general body of society is repository of all powers but if particular procedure has been provided for under the bye-laws then the same has to be adhered to and even general body is not above the bye-laws of the society. General Body on its own suo motto cannot take up the matter and power and duties of General Body clearly shows that it can take any matter placed by the Managing Committee. Here in the present case at no point of time any matter has ever been placed before the Managing Committee. In case extraordinary meeting was to be held then same had to be held strictly in consonance with the bye laws of the society if the matter was of utmost importance then in that event endeavor ought have been made to see that petitioner and others members similarly situated had been duly served or not. Here the Agenda Notice was sent by U.P.C. and publication has been made in newspaper published from Delhi creating such a situation that affected parties were not at all aware of the proceedings. Fact of the matter clearly points out that entire things have been sought be manipulated. Minutes of the meeting dated 12.12.2005 shows that Smt. Shanti Devi,Bhageshwar Tiwari, Hans Kumar Singh and Miss Uppasana by means of resolution no. 30 have been accorded time to deposit their membership fee by 25.12.2005 and on the same date vide resolution no. 4 it was resolved that non-payment of fee by aforesaid four persons show that they are not interested in the functioning of the society nor they are extending any cooperation, as such all these four persons be removed and be made ordinary members and in their place Dhananjay Singh, Lal Pratap Singh, Smt. Seema Singh and Bindu Singh be accepted as Members of Managing Committee. Resolution is speaking for itself  and clearly reflects manipulation and maneuvering  without there being any agenda notice and without there being any information to the said four persons. Consequently Agenda Notice dated 21.11.2005 and resolution dated 12.12.2005  are of no consequence and not only this after resolution has been passed on 12.12.2005 next date was fixed 25.12.2005 and on the said date membership have been done away with. As earlier agenda has been held to be illegal and meeting also as such proceedings dated 26.12.2005 is also of no consequence on same set of grounds.

On one hand illegal meetings were being convened completely behind the back of the petitioner and group of persons and on the other hand there was active collusion with the Deputy Registrar, Firms, Society and Chits also in this matter. Deputy Registrar, Firms, Society and Chits after receiving the papers made endorsement  on papers received by noting  change in office bearers and members and directed the respondents to produce signature of three old office bearers on the same or get the notice published. Deputy Registrar, Firms, Society and Chits at no point of time made any endeavor to get the notice published through himself rather to the contrary asked the respondents to get it published and respondents in their turn published the same in daily newspaper published from Delhi. Deputy Registrar, Firms, Society and Chits ought to have applied his mind as to where the persons who were to be affected were residing and ought to have given direction for publication of notice published in newspaper widely circulated in the area wherein persons who were being to be affected were residing. Giving permission to the respondents to get the notice published clearly shows complicity of Deputy Registrar, Firms, Society and Chits with the aforesaid incumbents and same cannot be accepted to be free and fair exercise. Petitioner no. 2 and other members who have been expelled, their address as per the record is at Varanasi. Ignoring this  fact that they are residing at Varanasi respondents published the notice in daily newspaper from Delhi which  would not have served any purpose. Direction for publication of the same from Varanasi ought to have been given but here in the present case Deputy Registrar, Firms, Society and Chits left it open the respondents to get it published. Deputy Registrar, Firms, Society and Chits has clearly misused the authority vested in him by giving permission to respondents  to get the notice published at their sweet will whereas Deputy Registrar, Firms, Society and Chits ought to have permitted the respondents to get the notice published in newspaper specified by him keeping in view that object of public notice was achieved. Said public notice having being published from Delhi and Petitioner no. 2  and other members who have been sought be expelled being permanent residence of Varanasi, said publication is of no consequence and as such entire proceedings are ex-parte and deliberately done to keep the petitioner no. 2 and other persons from the scene. Deputy Registrar, Firms, Society and Chits has failed to exercise its jurisdiction vested to him while registering the list of office bearers and members wherein undisputedly change has taken place after list has been registered in the past. Once Deputy Registrar intended to be provide for opportunity then same ought to have been meaningful opportunity and not the opportunity as has been sought to be provided for in the present case.                                                                                                                                                                                        Opportunity in the present case is farce and nothing but an act of  manipulation and maneuvering and list of office bearers and members which has been registered based on resolution dated 12.12.2005 and 26.12.2005 are of no consequence inasmuch the said resolution has been passed  ex-parte to the petitioners and further at no point of time Managing Committee of the institution has passed any resolution for removal and further at no point of time Managing Committee  has ever resolved the matter to be placed before General Body and even meeting of General Body has not been properly convened and the same being in total violation of the bye laws of the society.

Apart from this it would be relevant to mention here that dispute had been raised in respect of removal of office bearers and members and at this stage Deputy Registrar, Firms, Society and Chits had no authority to usurp the jurisdiction of Prescribed Authority by directing the registration of the list of office bearers and members. However as both the resolution has been perused by this Court and it has been noticed that entire proceedings are exparte and act of manipulation and maneuvering, as such order passed by  Deputy Registrar, Firms, Society and Chits registering the list of office bearers and members is hereby quashed and set aside.

Consequently present writ petition is allowed. Passing of this order will not prevent the society in question to proceed in accordance with law.

Dated:27.02.2006

Dhruv

 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.