S.S. Chauhan, J. - (1.) These two special appeals have been filed against the judgment and order dated 1.7.2015 passed by learned Single Judge by means of which two writ petitions filed by the respective petitioners were decided by means of a common judgment.
(2.) The facts giving rise to the present dispute is that a Society in the name of Board of Trustees of Shia College and School and other connected institutions (for short "the Society") was registered under the Societies Registration Act, 1860 (for short "the Act") on 6.3.1918. Annual general meeting of the Society was held on 15.11.2009 wherein election of office bearers of the Society was held for a term of five years. The list of office bearers elected on 15.11.2009 was filed before the Deputy Registrar, Firms, Societies and Chits (for short "the Deputy Registrar"), who filed the same on 31.3.2010. The Managing Committee of the Shia Post Graduate College (for short "the College") as provided by clause 14 of the bye laws was elected for a term of three years in the annual general meeting of the Society held on 14.11.2010.
(3.) On account of certain ongoing dispute between the members of the Society, the Society took a decision to cease the membership of three Members as they were not attending the annual general meetings for two consecutive years vide resolution dated 14.10.2011. The next annual general meeting was held on 30.10.2011, which was presided over by S.M. Raza Ali Khan in capacity as President and in the same meeting, the agenda regarding the re -election of members whose term was due to expire after the date of the said meeting was also considered. In the said meeting, it was made clear that all the members attending the meeting were valid members on 30.10.2011, but the term of some members was to come to an end shortly thereafter. Three members aggrieved by the resolution dated 14.10.2011 approached the Deputy Registrar, who vide order dated 17.10.2012 held the resolution dated 14.10.2011 to be illegal and the Deputy Registrar further referred an election dispute to the Prescribed Authority regarding to the election held on 15.11.2009 on the ground that the term of membership of the elected office bearers had expired on the date of the election and as such, they were ineligible to contest the election on 15.11.2009. The next annual general meeting of the Society was held on 21.10.2012, which was presided over by S.M. Raza Ali Khan in capacity as President and in the said meeting, agenda regarding the re -election of members whose term was due to expire after the date of the said meeting was also considered. The Society ultimately filed Writ Petition No. 6597 (MS) of 2012 assailing the order passed by the Deputy Registrar dated 17.10.2012 and during pendency of the said writ petition, no interim order was passed by this Court. The annual general meeting of the Society was again held on 20.10.2013, which was presided over by S.M. Raza Ali Khan in capacity as President. The election for the Managing Committee of the College was held for further term of three years. In the said meeting, the agenda regarding re -election of members whose term was due to expire after the date of the said meeting was also considered. An extraordinary annual general meeting of the Society was held on 28.6.2014 wherein the general body considered the difficulty arising out of the order dated 17.10.2012 and the consequent impasse regarding the membership of the Society. The General Body authorized the Secretary of the Society to withdraw the writ petition and to restore the membership of three members in whose favour order dated 17.10.2012 has been passed by the Deputy Registrar. It was further resolved that the list of members of the Society be filed before the Deputy Registrar for certification. The list of members of the General Body of the Society as existing on 28.6.2014 was filed before the Deputy Registrar by the Secretary of the Society on 3.9.2014. Writ Petition No. 6597 (MS) of 2012 was withdrawn on 5.9.2014 in pursuance to the resolution dated 28.6.2014.;