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C/M Sri Mahadev Poorva M.V.N. Hirmanpur Varanasi & Another v. Asstt. Registrar & Others - WRIT - C No. 13063 of 2002  RD-AH 439 (11 November 2003)
Civil Misc. Writ Petition No. 13063 of 2002
Civil Misc. Writ Petition No. 37810 of 2003.
Committee of Management,
Sri Mahadev Poorva Madhyamik Vidyalaya
Nadoya, Hiramanpur District Varanasi and another...............Petitioners
The Assistant Registrar, Firms, Societies & Chits
Hukulganj Varanasi and others.......................................Respondents.
Hon'ble R.K.Agrawal, J.
Since both the writ petition relates to the dispute rwegarding the Committee of Management of the same society i.e. Sri Mahadev Poorva Madhyamik Vidyalaya, Nadoya, Hiramanpur district Varanasi, they have been heard together and are being decided by a common judgment.
In Writ Petition No. 13063 of 2002 filed under Article 226 of the Constitution of India , the petitioners who allege themselves to be the Committee of Management of Sri Mahadev Poorva Madhyamik Vidyalaya, Nadoya, Hiramanpur District Varanasi through its Secretary Gorakh Nath Singh seek a writ, order or direction in the nature of certiorari quashing the order dated 15.3.2002 passed by the Assistant Registrar Firms, Societies & Chits Varanasi, respondent no.1 filed as Annexure 15 to the writ petition and other consequential reliefs.
Briefly stated the facts giving rise to this writ petition is as follows:
According to the petitioners, Shri Mahadev Poorva Madhyamik Vidyalaya, Nadoya, Hiramanpur District Varanasi is a society registered under the provisions of the Societies Registration Act, 1860. It has its own bye-laws. It runs an educational institution which imparts education upto the Intermediate level. It is admitted to both the parties that elections of the Committee of Management was held in the year 1994 in which the petitioner no.2 Gorakh Nath Singh was elected as the Secretary whereas Chandrama Prasad Singh was elected as the President. However, in the year 1997, it appears that an election was set up by the petitioner no.2 on 18.4.1997 wherein his contention is that he was elected as the Secretary and Chandrama Prasad Singh was elected as the President whereas the contesting respondent claimed that in the elections held in the year 1997 Kailash Nath Gupta was elected as the President and Gorakh Nath Singh, petitioner no.2 was elected as the Secretary.
According to the petitioner, he filed an application on 25.4.2001 wherein he had submitted the election proceedings held on 18.4.1997, the proceedings for filling up the vacancy on 30.8.1998, the elections of the Committee of Management held on 30.4.2000 which was confirmed on 15.4.2001 and the list of the Committee of Management for the years 1997-98 till 2001-02 as also the statements of income and expenditure for the years 1996-97 to 2000-01. All the documents filed by the petitioner no.2 was taken on record by the Assistant Registrar, Firms, Societies & Chits, Varanasi vide order dated 1.10.2001.
The contesting respondents allege that Shri Chhabi Nath Rai, respondent No.2 made an inspection of the file on 6.11.2001 and thereafter made an application that all the proceedings filed by the petitioner no.2 are forge and therefore the order taking those documents on record be recalled. According to the petitioner the first application filed by Krishna Prasad Singh was rejected by the Assistant Registrar Firms, Societies & Chits, Varanasi vide order dated 10.12.2001. Another application was filed by Chhabi Nath Rai on 12.12.2001, on which the Assistant Registrar issued notice to the petitioners and the other parties. After considering the reply submitted by the petitioners and the affected parties, the Assistant Registrar vide order dated 15.3.2002 cancelled his earlier order and directed that fresh elections be held in accordance with the bye-laws after convening a meeting of all the valid members.
The order dated 15.3.2002 is under challenge in the present writ petition. Initially this Court had passed an order staying the operation of the order dated 15.3.2002 up till 7.5.2002. The said order was extended till the next date of listing vide order dated 30.4.2002. The case was listed on 19.7.2002, however, no order was passed by this Court extending the interim order. In the meantime it appears that the contesting respondent convened a meeting of the members of the society and held election in the month of November, 2002. The list of the office bearers have been recognized by the Assistant Registrar which is the subject matter of challenge in the writ petition No. 37810 of 2003.
I have heard Shri P.S.Baghel, learned counsel for the petitioners and Shri Rajiv Mishra, learned counsel appearing for the contesting respondent in both the writ petitions.
The learned counsel for the petitioners submitted that even though in the writ petition several grounds have been raised but laid emphasis on the question as to whether the contesting respondent could have held the election after the expiry of the term of 3 years or not. Undisputedly , according to the own case of the contesting respondent, the election was held in the year 1994 and thereafter in the year 1997 as would be clear from the averments made in paragraph 12 of the supplementary counter affidavit filed by Krishna Prasad Singh affirmed on 23.9.2003. He thus submitted that as the term of the Committee of Management is 3 years under the bye-laws .Even if the elections held by the contesting respondent in the year 1997 is taken to be correct and valid, the subsequent elections would have expired some times in the year 2000 and therefore after the expiry of the term the contesting respondent could not have held the elections. He relied upon a decision of this Court in the case of Seva Sanmiti, Allahabad and another Vs. The Assistant Registrar, Firms, Societies & Chits, Allahabad and another 2002 (1) A.W.C. 771, wherein this court has held as follows :-
" Admittedly on 31.8.1997 last elections were held and since the term of three years has come to an end on 30.8.2000, therefore, in view of the provisions of Section 25(2) of the Societies Registration Act, as amended in the State of U.P. now nobody has a right to hold the election except the Registrar. In this view of the matter, the Registrar is directed to hold a fresh election after affording an opportunity to such persons who claim to be member of the society, after giving liberty to both the parties to give the names of members of general body and also to give objection to the Registrar or its nominee, who shall decide the same within a period of three months from the date of presentation of a certified copy of this order and shall thereafter hold fresh elections in accordance with law."
Mr. Rajiv Mishra, learned counsel for the contesting respondent, however, submitted that elections have already been held in the year 2002 therefore, there is no need to hold the elections afresh.
Having heard the learned counsel for the parties I find that it is not in dispute that after May,2000, the elections were not held by any of the parties . Under Section 25 (2) of the Societies Registration Act as interpreted by this Court in the case of Seva Samiti (supra) elections could only be held under the aegis of the Assistant Registrar of the Societies. Since the elections in the year 2000 has not been held by the Registrar, the said election cannot be recognized.
In this view of the matter, both the writ petitions are disposed of with the direction to the Assistant Registrar to get the elections held under his supervision by convening a meeting and after finalizing the list of elegible members.
Writ petition No. 13063 of 2002 is partly allowed and the impugned order dated 15.3.2002 is modified to the extent that instead of the President Kailash Nath Gupta holding the election, the elections would be held by the Assistant Registrar himself.
In view of the order passed in Civil Misc. Writ Petition No. 13063 of 2002, the impugned order dated 13.8.2002 cannot be sustained and is hereby set aside.
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