- (1.) WRIT Petition No. 45469 of 2012 is directed against an order dated 21.7.2012, passed by the Prescribed Authority/Sub Divisional Magistrate, Soraon, Allahabad, determining the electoral college of the society as consisting of 16 members, as well as consequential elections dated 23th August, 2012, wherein 8 out of these 16 members participated. The Writ Petition No. 5939 of 2013 has been filed challenging the attestation of signatures of Bhawani Prasad Mishra as Manager of the educational institution, pursuant to the elections dated 7th October, 2012, wherein also 8 out of aforesaid 16 members alone have participated. The primary challenge in the writ petition is to the effect that 8 persons, who alone have participated in the elections, which have been recognized for the society and the institution, are complete strangers and are not even members of the society/institution, and despite a specific challenge made to this effect, the authorities have failed to advert to this aspect of the matter, rendering the orders impugned wholly perverse on account of non -consideration of petitioner's objection raised and pressed before the authority concerned.
(2.) THE order passed by the prescribed authority dated 21.7.2012, determines the electoral college of the society, as consisting of 16 members, pursuant to the orders passed by this Court in Writ Petition No. 20735 of 2012. The Writ Petition No. 20735 of 2012 was directed against an order passed by the Assistant Registrar, Firms, Societies and Chits dated 3rd April, 2014. Since this Court has already noticed relevant facts in Writ Petition No.20735 of 2012 relating to society and the institution, it would, therefore, be appropriate to reproduce it, at the very outset: - "Brief facts as is reflected that there is a society in the name of Shiksha Prasar Samiti, Judapur, Dahiyava, Soram, Allahabad (hereinafter called as Society) registered under the Societies Registration Act, 1860. The society was registered on 18.10.1953 and it runs an Educational Institution known as Adarsh Higher Secondary School Judapur Beehar, Dahiyava, Allahabad now recognised up to Intermediate College and known as Adarsh Intermediate College (hereinafter called as Institution). Initially the term of the society was 3 years, in the meeting of the general body of society dated 25.10.1985 the term of was increased from 3 years to 5 years and the number of the members of the committee of society was reduced from 15 to 12. Petitioners further claim that since the dispute has arisen with respect to the Committee of Management, therefore, an authorized controller was appointed in 1983 who continued up to 1991. In the year 1991 one Sri Prabha Shankar Pandey by playing fraud obtained the renewal of the society by submitting the forge list of members. When the authorized controller was appointed in the institution at the said point of time father of the petitioner no. 2 Sri Ram Kailash Mishra was the manager of committee of management of the institution. Petitioner has further submitted that after coming to know about the fraudulent renewal of the society by Prabha Shankar Pandey the father of the petitioner no. 2 filed an application before the respondent no. 2 for cancellation of the renewal of the society. Petitioners further claims that the respondent no. 2 after hearing both the parties cancelled the renewal of the society issued by him and passed a detailed order on 22.08.1992 and thereafter by the order dated 16.12.1996. Aforesaid order dated 22.08.1992 was challenged by means of a civil misc. writ petition no. 32538 of 1992. Petitioners further claim that initially stay order was granted in favour of the petitioners of the aforesaid writ petition, but subsequently on the stay vacation application, the stay order was vacated by this Court by means of an order dated 21.08.1996. As per petitioners, the order dated 21.08.1996 passed in civil misc. writ petition no. 32538 of 1992 was challenged by means of special appeal no. 121 of 1996, which was finally disposed of by means of judgment dated 12.09.1996, remanding the matter to the Assistant Registrar, Societies Chits and Firms, Allahabad to decide the matter afresh after affording the opportunity of hearing to the parties. Petitioners has further submitted that the order dated 12.09.1996 passed in special appeal no. 121 of 1996 was modified by means of judgment dated 27.09.1996. Petitioners further claim that both the parties have submitted their papers in support of respective case. The respondent no. 2 after affording the opportunity of hearing to the parties passed a reasoned order on 16.12.1996. Thereafter the Assistant Registrar, Societies Chits and Firms, Allahabad on finding that the society of the father of the petitioner no. 2 is a valid society, granted renewal in his favour. Petitioners submit that the order dated 16.12.1996 was challenged by means of civil misc. writ petition no. 40888 of 1996 in which this Court has observed the writ petition and placed the matter before the Division Bench who have passed the judgment in Special Appeal No. 121 of 1996. Petitioners submit that the renewal granted to the petitioners' society was challenged by means of writ petition no. 2687 of 1997. Petitioners further claim that in civil misc. writ petition No. 40888 of 1996 and writ petition no. 2687 of 1997, no interim order was passed in favour of the petitioners, and both the writ petitions were consolidated and heard and disposed of by means of a common judgment dated 01.10.1997 directing the Assistant Registrar, Societies, Chits and Firms, Allahabad to pass a reasoned order. Thereafter the Assistant Registrar, Societies, Chits and Firms, Allahabad after affording the opportunity to the parties passed a reasoned order dated 18.03.1998 wherein view has been taken that the list of the members submitted by Prabha Shankar Pandey, are not even the member of the society. Prabha Shankar Pandey had not been able to prove by any document of proof substantiating membership. Said order dated 18.03.1998 was challenged by means of writ petition no. 15622 of 1998 which was dismissed vide order dated 11.05.1998 by this Court. Petitioners further submits that the order dated 11.05.1998 passed in writ petition no. 15622 of 1998 was challenged by Prabha Shankar Pandey urging himself to be Secretary of the society filed the special appeal no. 396 of 1998 in which the status quo was directed to be maintained and the special appeal is pending for disposal. Petitioners further claims that during the pendency of the special appeal no. 396 of 1998 Ram Kailash Mishra father of the petitioner no. 2 died on 13.01.2009. The petitioner no. 2 being member of the general body of the society in the meeting dated 28.03.2008 and after the death of Ram Kailash Mishra, the petitioner no. 2 was elected as Manager for the remaining period by the unanimous resolution. Petitioners further claim that since the term of the committee of management of the institution was going to expire on 10.10.2010, therefore, a fresh election was held in which the petitioner no. 2 was elected as Manager. Petitioners further claims that petitioner no. 2 after being elected as manager of the institution and coming to know about the pendency of the special appeal filed an abatement application for dismissing the special appeal no. 396 of 1998 due to not substituting the heirs and legal representative of deceased respondent no. 4. The special appeal has been dismissed as abated against the respondent no. 4 of the special appeal vide order dated 23.03.2011. As per petitioners after the petitioner no. 2 has been unanimously elected as manager of the institution he submitted the necessary papers for attesting his signature before the Joint Director of Education, Allahabad. However, till date no any action has been taken by the authorities. Petitioners further submit that after dismissal of the Special Appeal the Sub Registrar vide order dated 04.10.2011 decided the dispute raised by the Shailendra Kumar Mishra and eight other persons, in favour of the petitioner and granted renewal vide order dated 04.10.2011 against which the writ petition no. 61277 of 2011 has been filed, in which this Court vide order dated 20.10.2011 has directed the parties to exchange the affidavits and enquiry be made about the death of Babulal Upadhyay in whose place Shailendra Kumar Mishra was alleging to be inducted as member of the society. Petitioners further claims that in pursuance of the order dated 20.10.2011 after holding the enquiry the S.D.M., Soram, Allahabad filed his personal affidavit on 28.02.2012 mentioning therein that Babulal Upadhyay died in the year 2008. Petitioners submit that after passing of the order dated 20.10.2011, since Shailendra Kumar Mishra (petitioner in writ petition no. 61277 of 2011) became unsuccessful in getting the interim order from this Court, has manipulated the matter and concocted the forge papers and filed a complaint on 01.11.2011 before the respondent no. 2 for cancelling the renewal order of the society dated 04.10.2011 on false and frivolous allegations. Petitioners submit that on the basis of alleged complaint dated 01.11.2011 notices have been issued by the respondent no. 2 to the petitioner on 17.11.2011, 15.12.2011 and 09.01.2012 calling for objection from him. Thereafter petitioner after receiving the notices filed reply along with necessary documents before the respondent no. 2 challenging the maintainability of the proceedings on 15.12.2011 and 27.02.2012. Petitioners further claim that after renewal certificate was issued the District Inspector of Schools has issued a notice on 28.11.2011 and appointed returning officer for holding elections. Petitioners submit that on 12.12.2011 the election officer has required to furnish the copy of list of members and other necessary papers from President/Manager of the society. Petitioners claim that that on 12.12.2011 the election officer also send a letter to the respondent no. 2 requesting to send the list of valid members of society. Petitioners further claim that the petitioner being aggrieved by the action of the respondent no. 2 filed writ petition no. 14423 of 2012 for quashing the notice dated 17.11.2011, 15.11.2011 and 09.01.2012 issued by the respondent no. 2 and a relief in the nature of prohibition was also sought for restraining the respondent no. 2 from further proceeding in the matter and it was also prayed that the respondent no. 2 to send the list of valid members of the, and thereafter hold the election of the society. The writ petition filed by the petitioner was finally disposed of by this Court vide order dated 23.03.2012 with the observation to the petitioner to submit reply and the respondent no. 2 was directed to take a final decision in the matter. Petitioners further submits The petitioners have also filed a reply before filing the writ petition mentioning the details and have also annexed the list of the members submitted in the year 2007 -08 under the signature of Ram Kailash Mishra. Thereafter impugned order in question has been passed."
(3.) A perusal of the record of the writ petition shows that the Assistant Registrar, in his order dated 3rd April, 2012 had taken note of the fact that previous Manager Late Ram Kailash Mishra had submitted list under his signatures on 17th March, 2008 for the years 1999 -2000 to 2006 -2007 and that such list consisted of 20 members of the general body for the year 2006 -07. The Assistant Registrar further took note of the fact that the petitioner Sri Babu Nandan Mishra in his capacity as Manager had submitted list of members on 17.5.2008, which was different from the list submitted by previous Manager Sri Ram Kailash Mishra, who incidentally was the father of Sri Babu Nandan Mishra. The Assistant Registrar was of the view that the list, which has been submitted by Sri Ram Kailash Mishra on 17.3.2008, had different names than the names, which were submitted by Sri Babu Nandan Mishra, and therefore, doubts were raised on the list of members submitted by Sri Babu Nandan Mishra. The Assistant Registrar, in such circumstances, was of the view that the proceedings relied upon by Babu Nandan Mishra were manipulated and doubtful, therefore, he issued direction to the effect that the names of 20 members shown in the list of Sri Ram Kailash Mishra dated 17.3.2008 be treated as the tentative list for determining the electoral college, upon which opportunity to submit objections was given to the parties before finalizing the list of members, who were to take part in the elections under Section 25(2) of the Act. The Assistant Registrar, however, set aside the previous registration of list of office bearers dated 4th October, 2011 in favour of the petitioners for reasons mentioned in his order itself. The Assistant Registrar was persuaded by the fact that proceedings of election dated 18th January, 2000 were doubtful as on the relevant date of election, petitioner Babu Nandan Mishra was acting as In -charge of Examination, and, in such circumstances, it was not possible to conceive that he had participated in the election meeting held on the same day in the same premises. This Court in Writ Petition No. 20735 of 2012 having considered the aforesaid findings, contained in the order of the Assistant Registrar, found no illegality in it, however, following directions were issued: - "Parties to the dispute have agreed that Sub -Divisional Magistrate of the area concerned wherein institution in question is situated without being influenced by the order dated 03.04.2012 be directed to determine the electoral college keeping in view the outcome of the earlier dispute settled inter se parties preferable within two months from the date of presentation of certified copy of the order passed by this Court. Sub -Divisional Magistrate concerned is directed to publish the tentative list of members in some well know news paper and thereafter objection be invited against the said tentative list and said objection be decided and determined by brief reasons in support of the same keeping in view of provision as contained under Section 15 of the Societies Registration Act, 1860 and the background of earlier litigation inter se parties thereafter after said electoral college is determined by the Sub -Divisional Magistrate of the area concerned then Assistant Registrar Firm Societies and Chits is directed to get election held preferable within next three months thereafter as per the bye laws of the Society. With the above direction present writ petition is disposed of. ";