- (1.) In these two writ petitions, common question of law and facts are involved, hence, decided by the present common judgment with the consent of parties at admission stage. In the present petitions, the question involved for adjudication is: (1) Whether a writ petition under Article 226 of the Constitution of India shall be maintainable to direct for correction of electoral roll when the election of Committee of Management has already been notified and schedule has been circulated by the competent authority? (2) Whether the Registrar, Firms, Societies and Chits, U.P., Lucknow, has got power to interfere with the election process or with the decision taken by the Deputy Registrar of the region to hold the election?
(2.) The brief fact of the case is that a Muslim Association, Kanpur (in short referred as a 'Society') is a society registered under the Societies Registration Act. The aim and object of the said society is to establish schools for Muslim boys and girls and to impart religious and word by education through which Islamic theology and culture may be nurtured and to supervise and manage the Waqfs (Trusts) entrusted to the society. However, the main object of the Society is to provide scholarship as well as fooding and lodging to the poor boys and girls. According to Rules 6, 7 and 8 of the Rules of the Society, every Muslim merchant and firm dealing in Bovine (Raw Hide) and tanneries of Kanpur who pays the deduction (subscription) as per their account books or pays Rs. 100 p.a. shall be a member of the Anjuman. Every merchant or firm who pay his/their deduction or subscription due upto 31st of December of the calendar year, shall be entitled to vote. Only one representative of every merchant or firm will be entitled to vote. For convenience, Rules 6, 7 and 8 of the Rules of the Society are reproduced as under: 6. Every Muslim merchant and firm dealing in Bovine (Raw Hide) and tanneries of Kanpur who pays the deduction (subscription) as per their a/c books or pays Rs. 100 p.a. provided their deduction is less than Rs. 100 shall be Anjuman Member. 7. Every merchant or firm if fails to pay his/their deduction or subscription due upto 31st December in the same year upto 31st December will not be entitled to vote. 8. Only one representative of every merchant or firm will be entitled to vote. According to Rule 10 of the Rules, election of the members and officer bearers of Executive Committee will be for three years. In case due to any reason the election is not held after three years, then the elected Executive Committee may continue to work till new election is held.
(3.) Admittedly, the last election of the executive body and office bearers of the society was held on 25.6.1993, for a period of 3 years. In the said election, Sri Fahim Ahmad, petitioner of W.P. No. 1498 (M/S) of 2006 was elected as President and Sri Ishrat Qayum was elected as Secretary and Mohd. Islam S/o late Sri Noman Ahmad was elected as Treasurer. The tenure of the Committee of Management was till 24.6.1996. However, the then President of the Society Sri Ishrat Qayum had sent a letter dated 2.9.1996 to the Deputy Registrar of the Society, Kanpur to intimate him that according to resolution of the general body dated 26.8.1996, the tenure of the executive body has been extended for a period of 3 years in pursuance to the power conferred by Rule 10 of the Rules of the Society. Copy of the letter dated 2.9.1996, has been filed as Annexure-1 to the supplementary-affidavit filed by one Sri Praveen Kumar in W.P. No. 1446 (M/S) of 2006. For convenience, Rule 10 of the Rules of the Society is reproduced as under: 10. The election of members and office bearers of executive committee will be for three years. In case due to any reason the election is not held after three years then the elected Executive Committee will continue to work till new election. A plain reading of Rule 10 of aforesaid Rules shows that members of the elected executive body shall continue to work till the new election is held. Thus, in case, for any reason, no election is held within the period of 3 years, then the elected executive body will continue to work till new election is held. The purpose of Rule 10 of the Rules is not to extend the tenure of the Committee of Management without holding an election after a period of 3 years as appears from its letter in spirit. It is to meet out the special circumstances and emergent situation when the general body could not have elected the new office bearers under some extraordinary situations or compelling circumstances. But it lacks the power to extend the tenure of the executive body by a resolution. Moreover, since admittedly, the election of the Committee of Management was held on 24.6.1993 and if the general body wanted to take any decision then, it should have taken on or before 24.6.1996 and not subsequent to a date after expiry of tenure of the Committee of Management. The general body had become functus-qfficio by passing the resolution dated 26.8.1996. The only option open to the office bearers was to hold fresh election in accordance to Rules of the Society. Any decision by the general body or the office bearers of the society after lapse of period for which the office bearers are elected, shall be nullity in law. Accordingly, no benefit could have been availed by the office bearers in terms of the letter dated 2.9.1996.;