- (1.) Heard Sri A. P. Sahi, learned counsel for the petitioners and Sri Gajendra Pratap appearing for the respondent No. 3 and the learned standing counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties this writ petition is being finally decided.
(2.) By this writ petition the petitioners have prayed for quashing the order dated 17-5-2004 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi and a writ of mandamus has also been sought commanding the respondents not to interfere with the petitioners' functioning in any manner whatsoever.
(3.) Brief facts which emerge from the pleadings of the parties are- Carmichael Library Association, Varanasi is a registered society under the Societies Registration Act, 1860 registered in the year 1889. Bye laws of the registered society has been filed as Annexure-1 to the writ petition. According to the bye laws a Karya Samiti is elected every three year for managing the general administration of the society. The Karya Samiti which is managing body of the association consists of seven office bearers and sixteen members. The last undisputed election was held on 15th July, 2001 in which petitioner No. 2 Kapil Narain Pandey was elected as Secretary and Sri Rishi Kumar was elected as President. The list of the office bearers as elected on 15th July, 2001 was registered by the Assistant Registrar, Firms, Societies and Chits vide its letter dated 14-8-2001. It appears that soon after the election allegations were made against the Secretary and certain other members. The Secretary was also suspended which suspension is said to have been subsequently withdrawn. Twenty two members gave a request to the Secretary on 1-12-2001 for calling a meeting of General Body. According to the registered Bye-laws the meeting of the General Body is to take place in first week of January. The Assistant Registrar issued a letter dated 31-1-2002 to the Secretary/President referring to the said provision of registered Bye-laws. The letter stated that the meeting be called and the list of the members of the General Body be submitted to the Assistant Registrar. The Assistant Registrar again issued a letter dated 11-3-2002 to the same effect. The Assistant Registrar wrote to the President on 11-3-2002 for being present on 18-3-2002 on which date investigation is to be made by the Assistant Registrar. The Assistant Registrar also again wrote on 2-7-2002 to the President for convening the meeting on 21-4-2002. No meeting of the General Body was called as suggested by the Assistant Registrar. However, a meeting was convened by the Secretary on 12-5-2002. The agenda of the meeting included only one specific item i.e. passing of Budget of 2002-2003. On 12-5-2002 meeting of the General Body of the Association started under the Chairmanship of the President. Both the parties are giving different versions of what happened in the meeting dated 12-5-2002. According to the petitioners on 12-5-2002 the meeting was held in which Budget was passed and no other item was discussed and meeting was closed thereafter. According to the case of the respondents on 12-5-2002 issue of misdeeds and financial irregularities and other arbitrary acts committed by the office bearers and members of the Karya Samiti were raised and General Body unanimously dissolved the Karya Samiti and resolution to that effect was passed removing the entire Karya Samiti and on the said resolution being passed the office bearers and the members of the Karya Samiti went away. The General Body elected from amongst themselves one Sri Ram Nazar Pandey as Chairperson and meeting was carried further and a Sanchalan Samiti of eleven members was constituted to run the day to day affairs of the association. On 27-5-2002 office bearers elected on 15-7-2001 locked the premises of the Library on which serious protest was made by the citizens, members, residents and other affected persons. A suit No. 541 of 2002 was also filed by the petitioners seeking relief of permanent injunction, which suit is still pending and no order in favour of the plaintiff has yet been passed. The respondents further claimed that on 9-3-2003 the Sanchalan Samiti held fresh election in which committee of management headed by Ram Nazar Pandey was elected and the list of the office bearers was submitted to the Assistant Registrar under Section 4 of the Societies Registration Act. The Assistant Registrar issued notice to both the parties and after hearing both the parties has passed the impugned order registering the list of the office bearers on 9-3-2003. This writ petition has been filed challenging the order of the Assistant Registrar dated 17th May, 2004 registering the list dated 9-3-2003.;