- (1.) Petitioner is permitted to implead Sri Ishteyaq Ahmad as respondent No. 5 in the array of the parties. Sri R. K. Ojha, learned Senior counsel assisted by Sri Santosh Kumar Chaubey, Advocate has appeared for the newly impleaded respondent. In an earlier writ petition filed before this Court No. 27587 of 2019 the parties consented to amicable resolution of dispute upon the terms specified therein. The said order of this Court dated 22.08.2019 reads as under:- "After some arguments, learned counsel for the parties, Sri G.K. Singh, learned Senior Counsel assisted by Mohammad Ali Ausaf, learned counsel for the petitioners, Sri Amit Saxena, learned Senior Counsel assisted by Sri Rajvendra Singh, learned counsel for the respondent no. 4 and Sri R.K. Ojha, learned Senior Counsel assisted by Sri Santosh Kumar Chaubey, learned counsel for the other members of the society who seek impleadment, agree that the term of the last committee of management has expired and fresh elections are liable to be held. With the consent of learned counsel for the parties, Sri G.K. Singh, learned Senior Counsel assisted by Mohammad Ali Ausaf, learned counsel for the petitioners, Sri Amit Saxena, learned Senior Counsel assisted by Sri Rajvendra Singh, learned counsel for the respondent no. 4 and Sri R.K. Ojha, learned Senior Counsel assisted by Sri Santosh Kumar Chaubey, learned counsel for the other members of the society who seek impleadment, following directions are issued: (i) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Varanasi shall conduct the election under Section 25(2) of the Societies Registration Act. (ii) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Varanasi, shall cause a tentative list of the electoral college/valid members of the society to be published in a widely circulated Hindi Daily namely "Amar Ujala" having wide circulation in the district Bhadohi and invite objections to the same. (iii) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Varanasi, shall while entertaining the objections ensure that relied on documents and pleadings are exchanged interse the rival parties before the date of hearing. (iv) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Varanasi, after hearing the parties shall pass a reasoned and speaking order uninfluenced by any observations made in the order dated 31.07.2019. (v) The final list of the electoral college/list of valid members shall thereafter be published. The election shall be held on the foot of the electoral college, so determined, within one month from such determination. (vi) The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. With the aforesaid directions the writ petition is disposed of."
(2.) It is pointed out that a tentative list of 49 members was published in Amar Ujala against which objections have been preferred by the petitioner but without fixing any date for hearing or assigning reasons the Assistant Registrar has proceeded to reject the objection and finalised the list of members. It is contended that thereafter the Assistant Registrar instead of calling election meeting himself as per Section 25(2) of the Societies Registration Act has authorised the Tehsildar to call the election meeting which is contrary to law. Reliance is placed upon a Division Bench judgment of this Court in the case of Harish Chandra Gupta Vs. Registrar, Firms, Societies and Chits, reported in 1990 (2) AWC 1246, wherein the Division Bench has been pleased to observe as under in para 4. ''Learned counsel for opposite party no. 3, however, submitted that the power to delegate is not confined to matters covered by the clause immediately preceding the clause providing for delegation but covers the clause preceding the said clause also. For making this submission he has emphasised on the use of the word "and" used in Section 25 (2). According to him the word has been used in a cumulative sense requiring fulfilment of all the conditions mentioned in the clauses which it joins. For making this submission he has placed reliance upon AIR 1968 SC 1450 Ishwar Singh Bindra v. The State of Uttar Pradesh . In paragraph 11 of the report their Lordships have referred to the statement contained in Strounds Judicial Dicionary Third Edition in which it is mentioned that "and" has generally the cumulative sense requiring fulfilment of all the conditions that it joins together. After referring to this statement their Lordships observed that in the case before their Lordships and word "and" has been used in the opposite sense. After making this observation it had been stated that "and" may. under given circumstances means "or". The occasion for reading "and" as "or" and "or" as "and" may arise where the language of the statutory provision is not clear. Where the language of the statutory provision is clear, there is no necessity of reading "and" as "or" and "or" as "and". In the present case the word "and" has been used at two places. Firstly it has been used to join the clause "he may call meeting of the general body of such society for electing such office-bearer or office-bearers" with the sentence "such meeting shall be presided over." Thereafter the word "and" has been used to connect the clause "such meeting shall be presided over" with the words "be conducted by the Registrar." Opto this stage there is no difficulty in giving the term "and" its natural meaning. Now if the term "or" used after the word "Registrar" is to be given the meaning of "and", the clause will read "and such meeting shall be presided over and conducted by the Registrar and by any officer authorised by him in this behalf." Thus there will be two presiding officers at the same meeting. This will be absurd. Therefore, the term "or" used after the word "Registrar" cannot be given the meaning only of "and". The authority relied upon by the learned counsel is, therefore, of no assistance in resolving the controversy involved in the present case. It also needs mention that we have observed hereinabove that the question of presiding over the meeting comes only after the meeting has already been convened and before convening it the list of members has to be finalised. Accordingly, the nominee by no stretch of imagination can acquire jurisdiction to finalise the list of valid members. The words "in this behalf" were also pressed in service by the learned counsel for the opposite party no. 3 for submitting that the entire jurisdiction available to the Registrar is exerciseable by his nominee. The learned connsel submitted that this Court may give effect to the intention of the legislature. We have no doubt that where the language of the statutory provision is ambiguous and is capable of more than one interpretation. It is permissible for the Court to ascertain of intention of the legislature and give effect to it. But in the present case we are not satisfied that Section 25 (2) is capable of more than one interpretation and, therefore, there is no occasion for us to fathom the intention of the legislature. Rather, it appears to us, the legislature intended that the list of voters may be finalised by the Registrar himself so that the scope for further disputes may be minimised. For supporting the proposition mentioned hereinbefore, the learned counsel has cited AIR 1967 Supreme Court 1697 The State of Gujrat v. Chaturbhuj Manganlal. This authority docs not lay down anything which conflicts with the observations made by us herein as is apparent from a perusal of paragraph 14 of the report upon which specific reliance was placed by the learned counsel. In view of the above, the petition is allowed and the election held on 14th September, 1989 is held to be non- ext. The Registrar shall cause the Committee of Management to be constituted in accordance with law taking into account the observations made hereinabove. There shall be no order as to costs." (Emphasis supplied)
(3.) Submission is that the Assistant Registrar has not applied his mind and has proceeded in undue hot haste by acting contrary to the orders passed by this court.;