S.U.KHAN, J. - (1.) THROUGH this writ petition election and management dispute of executive body of a society known by the name of Prayag Sangeet Samiti, Allahabad is sought to be resolved.
(2.) PRAYAG Sangeet Samiti, Allahabad (hereinafter referred to as the Samiti) is a registered society which has been formed for, and is, Imparting courses in Indian Classical Music, awarding diploma with degrees for the same, which are recognised by various institutions and Universities including U.G.C. It has been alleged in the writ petition that it has about 1200 centers in India and examination centers in England, U.S.A. and Nepal. Samiti was transformed into a formal society through registration under Societies Registration Act in the year 1972. Annexure -1 to the writ petition is memorandum of association and rules and regulations of Samiti 1972. According to Chapter III of rules and regulations of Samiti, President, two Vice -Presidents, Secretary, Joint Secretary and Treasurer shall be the office bearers of the Samiti and according to Chapter IV thereof the executive committee of Samiti shall consist of all the office bearers of the Samiti and eight elected members. According to Chapter III, Rule 3, office bearers of the Samiti shall be elected after every three years by a majority vote from amongst the life members of the Samiti at a general meeting specially called for the purpose in the month of March and the term of office bearers shall be from the date of their election till the next election of the office bearers. According to Chapter III, Rule 4, in the event of death, etc. of an office bearer, the executive committee shall have the power to fill the vacancy by electing any member qualified to be elected as a office bearer at its meeting specially called for the purpose, provided always that any motion for election shall not be considered unless 2/3 members of the executive committee are present. It is undisputed that the last election of office bearers of Samiti/executive committee and members of executive committee was held in August, 1997 in which Late Sri K. B. Asthana Ex -Chief Justice of Allahabad High Court was elected as President, Sri S. S. Tiwari, Senior Advocate of this Court and Sri D. C. Jain were elected as Vice -Presidents. Sri J. N. Chaturvedi, advocate of this Court/petitioner was elected as Secretary, Sri Arun Kumar was elected as Joint Secretary and Sri A. Narain was elected as Treasurer of the Samiti. The President, Sri K. B. Asthana Ex -Chief Justice of Allahabad High Court died in the year 1998, thereafter it appears that no formal meeting of executive committee of the Samiti to fill the vacancy of President by election in terms of Chapter III, Rule 4, was held. In terms of Chapter III Rule 7 (iii), in the absence of President, one of the Vice -Presidents authorized by the executive committee shall exercise all the powers and perform all the duties of the President. There is nothing on record to show that executive committee made any such authorization in favour of any of the two Vice -Presidents however, from the material brought on record it is clear that if not de jure then at least de facto Sri S. S. Tiwari one of the Vice -Presidents acted as President after the death of Late Hon'ble Mr. Justice K. B. Asthana and that until August, 2003 every one accepted the said position, and no one questioned the authority of Sri S. S. Tiwari to act as President.
(3.) EVEN though under Chapter III, Rule 3, election is to be held after every three years meaning thereby that the life of executive committee is for three years however, the proviso to the said rule provides that the term of office bearers will be till the next election of office bearers. By virtue of the said proviso all the office bearers and members elected in 1997 unnecessarily prolonged their tenure for which every one of them was responsible. This is not a healthy practice. The scope of the said proviso is that if due to unavoidable circumstances elections are not held for a short period after becoming due then old committee shall continue so that their may not be a void. The said proviso cannot be unduly stretched to indefinitely prolong the term of the committee. It is hoped that in future elections will regularly be held after every three years. It appears that differences started among the office bearers and members of the executive committee of the Samiti at the end of sixth year from their election. It is not clear as to how much time the ice berg of the controversy took for reaching the surface from the bottom however, it came above the surface and became visible for the first time on 31.8.2003 when few office bearers and members of the executive committee sent a requisition addressed to President/Secretary of the Samiti for a meeting to consider the holding of elections.;