- (1.) Dr. Satya Narayan Singh Parihar, describing himself as Manager of Committee of Management of Captain Shankar Dhwaj Audhyogik Vidyalaya, Malehata, Rath, District Hamirpur is before this Court assailing the validity of the judgement and order dated 28.02.2017 passed by the learned Single Judge of this Court in writ petition no. 30476 of 2016 (C/M Captain Shankar Dhwaj Audhyogik Vidyalaya and another Vs. State of U.P. & others) wherein the validity of the order dated 24th May, 2016 passed by the Assistant Registrar, Firms, Societies & Chits, has been upheld and directives have been issued as follows; "(I) The order of Assistant Registrar dated 24.05.2016 is upheld. However, all subsequent orders permitting induction of new members and holding of elections, as well as its recognition dated 2.6.2016, 16.6.2016, 2.6.2016 alongwith entire election proceedings dated 27.6.2016, and also the order dated 4.7.2016 passed by Assistant Registrar, Firms Societies and Chits, Jhansi (Annexure Nos. 20B, 20D, 20E, 20F and 20A) are set aside. (II) The Assistant Registrar shall indicate a date within 15 days from presentation of certified copy of this order, intimating all surviving members to hold a meeting in the presence of Sub Divisional Magistrate, concerned, to amicably consider and resolve to enroll members of the general body to a minimum that may be required for the purpose of holding elections of the committee of management. Such enrollment shall be in accordance with the Bye-laws and in accordance with the wishes of the other surviving members of the society. Once, the general body is constituted to the minimum, which is required for holding the elections of the committee of management, then the said list shall be forwarded to the Assistant Registrar, Firms, Societies and Chits Funds for his records. (III) The Assistant Registrar shall have the elections conducted under Section 25(2) of the Act within a further period of two months thereafter."
(2.) Brief background of the case leading to filing of instant special appeal in brief is that in the district of Hamirpur, there is an institution in the name of Captain Shankar Dhwaj Audhyogik Vidyalaya situated at Malehata, Rath, District Hamirpur, a society registered under Society Registration Act, 1860. The affairs of the society in question is to be run and managed in consonance with the provisions as contained under Society Registration Act, 1860. This society was formed on 9.4.1985. As per the smriti patra, 12 persons originally constituted the managing committee. The bye-laws of the society provides that their shall be a Committee of Management to run the society, consisting of President/Manager, Vice President, Deputy Manager, Treasurer and eight members. The Principal of the Junior High School established by the society was to be the ex-oficio member. As per bye-laws one Raman Pal Singh was to continue as the manager through out his life and thereafter his male living descendant or the nominee would be the manager. The functions of President/Manager was to include the right to grant membership. The Committee of Management of the society and the educational institution are accordingly one and the same. It seems that no periodical elections were held after the year 2000, and an authorized controller was appointed on 16.9.2005. The term of the authorized controller was subsequently extended and he continued. Fresh elections were held thereafter on 31.1.2011, which got recognized on 9.2.2011. This recognition was subsequently recalled on 27.6.2011. A writ petition No. 37249 of 2011 came to be filed challenging the order dated 27.6.2001, which was rejected with liberty reserved to the petitioners to either approach the Civil Curt or make a reference under Section 25 (1) of the Act. A reference, as permitted, was made which too came to be rejected on 13.9.2012. This order is reported to have attained finality. Out of 12 members, who constituted the Committee of Management, only 5 had survived. They were Raghuraj Singh, Bachraj Singh, Kamlapati Singh, Ranveer Singh and Arun Kumar Singh. An application was made on 25.2.2013, by 4 out of these 5 persons (excluding Arun Kumar Singh) before the Assistant Registrar for permitting enrollment of new members. Upon this letter, an endorsement is said to have been made by Assistant Registrar, permitting surviving members to convene a meeting and with approval of 2/3 members, enroll fresh members so that steps for elections be undertaken. It is stated that pursuant to this endorsement, a meeting was held in which these four persons participated with the exclusion of Sri Arun Kumar Singh, and authorized Sri Raghuraj Singh to induct new members by accepting membership fee of Rs. 1001/-. It was also resolved that the defective rules of the society be also corrected. It appears that three members were enrolled on 10th March 2013, and by 30th March 2013, 19 more members were enrolled. A meeting was thereafter held to amend clause 8, and thereby remove the alleged monopoly of Sri Raman Pal Singh and his family members from running of the society. This meeting was thereafter registered by the Assistant Registrar on 29th May 2013. An order under Section 25 (2) was passed by the Assistant Registrar as election officer. Thereafter on 22nd October, 2013, another officer namely Sri Brijesh Shukla, Accounts Officer, District Basic Education Officer, was permitted to proceed under Section 25 (2). The concerned officer passed an order dated 22.10.2013 approving a list of 27 members. The election programme was issued on 15th December, 203, and elections were actually held in which the petitioner was elected as the manager, where one Sri Sant Pal Singh got elected as President. This election was approved by Assistant Registrar on 9.7.2015. One of the surviving five members i.e. Mr. Arun Kumar Singh, approached the authorities contending that the entire enrollment and induction of new members, as well as subsequent holding of elections were force and manipulated and was without his consent and knowledge. On this complaint, certain ex-parte inquiry was conducted and a report/order dated 25.8.2015 was submitted by the Deputy Registrar, holding that the entire exercise was contrary to law. This order came to be challenged before this Court in Writ Petition No. 52861 of 2015 , which was allowed with following directions on 30th October, 2015:- "7. Since it is not being disputed by the respondents that the proceedings which were initiated before the Registrar, Lucknow as well as the directions contained in the report are not within the jurisdiction of the authorities and thus, the impugned report/order dated 25.8.2015 by the third respondent is quashed. However, liberty is reserved in favour of the fifth respondent to approach the Assistant Registrar, Jhansi, in regard to his grievance. In the event, any such application is filed by the fifth respondent, the Assistant Registrar, Jhansi shall decide the same in accordance with law, expeditiously, preferably within next three months, after giving opportunity of hearing to the petitioners or any other party likely to be affected thereby. 8. With these clarifications, the writ petition stands allowed to the extent indicated above." This is accepted position in the present case that, thereafter, Assistant Registrar pursuant to the liberty accorded by this Court passed the order dated 24th May, 2016, and the said order has been subjected to challenge alongwith consequential actions in Writ-C No. 30476 of 2016 (C/M Captain Shankar Dhwaj Audhyogik Vidyalaya and another Vs. State of U.P. & others) and the learned Single Judge in his wisdom has upheld the order dated 24th May, 2016 and has given directives, as have already been quoted above.
(3.) As already mentioned above, said judgement of the learned Single Judge has impelled the petitioner-appellant to be before this Court.;