Tarun Agarwala, J. - (1.) PRABHU Narain Union Club, Varanasi is a society registered under the Societies Registration Act, 1960, which was created with the object of providing suitable means of social recreation and feeling of unity, cordiality and sociality amongst respectable persons of all caste and creeds. Under the memorandum of the Association, the term of Committee of Management is one year. On the basis of a complaint, the Assistant Registrar, Firms Societies & Chits, Varanasi issued a letter dated 17th July, 2013 initiating investigation into the affairs of the Society under Section 24 of the Societies Registration Act. Upon investigation, the Assistant Registrar passed an order dated 1st August, 2013 holding that no election of the Society was held for the past 5 years, and that the accounts were not being properly maintained and that the affairs of the Society were not being carried out in accordance with the objects of the Society. The authority, accordingly, directed that the election of the Society would be held under its supervision pending finalization of the members list and till such time the election was not held, the Assistant Registrar directed formation of an ad hoc committee to manage the affairs of the Society on a day to day basis.
(2.) BASED on the said direction, the ad hoc committee took charge and, by an order dated 14th August, 2013 expelled certain members from the Society. These expelled members being aggrieved by the action of the ad hoc committee made a representation before the Registrar, who by an order dated 20th August, 2013 stayed the resolution of the ad hoc committee. The ad hoc committee, being aggrieved by the order of the Assistant Registrar dated 20th August, 2013 filed Writ Petition No. 47944 of 2013, which was entertained and an interim order was passed staying the effect of the order of the Assistant Registrar. As a result of the interim order, the expelled members filed Writ Petition No. 48536 of 2013 questioning the order of the Assistant Registrar dated 1st August, 2013 and the resolution of the committee of management dated 14th August, 2013. 2 -A. Since both the writ petitions are interconnected and is one of urgency since in the meanwhile the Assistant Registrar has fixed 29th September, 2013 for holding the election, the matter is being decided at the admission stage itself without calling for a counter affidavit with the consent of the parties. Heard Sri. Ashok Khare, learned Senior Counsel and Sri. Manish Singh on behalf of the expelled members in Writ Petition No. 48536 of 2013 and Sri. Sanjeev Singh, the learned counsel for the ad hoc committee, who has filed Writ Petition No. 47944 of 2013 and is representing the Club in the writ petition filed by the expelled members.
(3.) THE learned Senior Counsel contended that the Assistant Registrar while investigating the affairs of the Society under Section 24 of the Act had no power to issue any order for formation of an ad hoc committee. The committee so formed was wholly illegal and was liable to be set aside. The learned counsel submitted that the powers of the Registrar under Section 24(5) was only to give such direction upon conclusion of the investigation to remove any defects or irregularities found, in such investigation or may proceed to take action under Section 12D or under Section 13B of the Act, as the case may be, but had no power to appoint an ad hoc committee. The learned senior counsel further contended that the ad hoc committee was only appointed to look after the day to day affairs and was not entitled to make major decisions such as expelling members of the Society. The learned counsel submitted that the action of the ad hoc committee in passing such a resolution was wholly illegal and unwarranted.;