Arun Tandon - (1.) -Kshetriya Sri Gandhi Ashram Shikohabad, district Firozabad is a society duly registered under the Societies Registration Act. The society has its own registered bye laws. Undisputed elections of the office bearers of the society took place on 24.2.2004. In the elections Sri Deena Nath Tiwari was elected as the Managing Trustee (Sanchalak) while Devendra Yadav was elected as the Secretary/Manager. For certain reasons, known to Deena Nath Tiwari, he forwarded a letter dated 12.10.2004, addressed to the Secretary, stating therein that for reasons recorded in the letter, the same may be treated to be his resignation and, therefore, a meeting be convened of the general body for electing a new Managing Trustee.
(2.) ON the strength of the letter so forwarded a meeting is said to have been convened by the Secretary Devendra Yadav under an agenda dated 31.12.2004. On the agenda so circulated, a meeting of the general body is alleged to have been taken place on 15.1.2005, wherein the resignation of Deena Nath Tiwari from the office of Managing Trustee (Sanchalak) was accepted and one Mahaveer Bhai was elected as Sanchalak for the remaining term. A fresh agenda dated 14.1.2005 was circulated by Devendra Yadav qua the meeting of the Committee of Management of the society to be held on 16.1.2005. In the meeting so held of the Committee of Management, Paras Nath Shukla was removed from the primary membership of the society alongwith 5 other persons. In order to keep the record straight it may be recorded that subsequently a meeting of the Committee of Management is alleged to have been convened by Mahabir Bhai (who was elected as Sanchalak in the meeting dated 15.1.2005) on 4.5.2006. In the said meeting Devendra Yadav was removed from the office of Secretary/Manager and petitioner is stated to have been elected as a Manager/Secretary.
(3.) PARALLEL set of proceedings have been pleaded by Paras Nath Shukla-respondent No. 6. According to Paras Nath Shukla a meeting of the general body took place on 24.1.2005 at Lucknow. In the said meeting resignation of Deena Nath Tiwari was accepted and in his place Kalp Nath Singh was elected as Manager Trustee (Sanchalak). On the same day a meeting of Committee of Management took place, in which Devendra Yadav was removed by motion of no confidence and in his place Paras Nath Shukla was elected. The dispute so arisen qua the office bearers of the society, a reference was made by the Assistant Registrar vide order dated 11.2.2005 to the Prescribed Authority under Section 25 (1) of the Societies Registration Act. The matter ultimately travelled up to this Court being Writ Petition No. 980 of 2006. The Hon'ble High Court by means of judgment and order dated 9.1.2006 remanded the matter for reconsideration of the dispute to the Prescribed Authority. The order of the Hon'ble Court is stated to have been passed on the basis of an agreement arrived at between Devendra Yadav and Paras Nath Shukla.;