Rakesh Tiwari - (1.) -Heard Sri Ashok Khare, senior counsel assisted by Sri Anup Kumar Srivastava for the petitioners, Sri R. P. Singh, advocate appearing for respondent No. 4 as well as the standing counsel representing respondent Nos. 1, 2 and 3.
(2.) THIS writ petition is directed against an order dated 25.8.2007, passed by Assistant Registrar, Firms, Societies and Chits, Gorakhpur which has been appended as Annexure-17 to the writ petition whereby the Assistant Registrar has discarded elections of the petitioner and has accepted the elections that have been set up by the contesting respondents. The petitioners seek relief of quashing the aforesaid order dated 25.8.2007 as well as a direction in the nature of mandamus commanding the respondents not to interfere with the functioning of petitioner as management of Yuvak Laghu Madhyamik Vidyalaya, Majhwalia No. 1, Deoria. The contention of the counsel for petitioner is that the order impugned has been passed in violation of principles of natural justice. The hearing was concluded by the Assistant Registrar on 17.8.2007. Just after close of the hearing, the Assistant Registrar permitted the parties to file documents upto 21.8.2007. The documents so filed by the respondents on 21.8.2007 have been taken into account in passing the order impugned with no opportunity to the petitioner to object to the same. Attention of the Court is drawn to paragraphs 30, 35 and 36 of the writ petition and its reply in paragraphs 22, 26 and 27 of the counter- affidavit. The factum of such procedure having been followed is also apparent from the impugned order wherein it is recorded at page 84 that hearing was concluded on 17.8.2007 and thereafter opportunity was given to file original documents upto 21.8.2007.
(3.) IT is stated that the procedure followed is illegal and reliance in this regard is placed upon Ram Adhar Shastri and others v. Deputy Director of Education, Allahabad and others, 1987 UPLBEC 14. It is next urged that the impugned order has come into existence in pursuance of the direction issued by the High Court by judgment dated 4.4.2007, passed in Writ Petition No. 53092 of 2006 connected with W.P. No. 55780 of 2006, copy of which is Annexure-16 to the writ petition. The said judgment set aside the earlier orders passed by the Assistant Registrar and the matter was remitted for fresh decision in accordance with the observations contained in the said judgment. Operative part of the said judgment reads as under : "Since the issue with regard to the legality of the elections pleaded by Vidhya Devi and Harinam Singh has not been examined by the Assistant Registrar nor any list of office-bearers has been registered under Section 4 for the current year, it is necessary to direct the Assistant Registrar to examine the legality of the elections pleaded by the parties within four weeks from the date a certified copy of this order is filed before him, after affording opportunity of hearing to the parties concerned. In case he comes to a conclusion that there exists a bona fide dispute qua the office-bearers of the society, he shall refer the same under Section 25 (1) of the Societies Registration Act to the Prescribed Authority. The Prescribed Authority in turn shall decide the reference so made after affording opportunity of hearing to the parties preferably within six weeks thereafter. It is only after the legality of the elections pleaded by the parties is examined by the competent authority that the list of office- bearers shall be registered under Section 4 of the Societies Registration Act. Till then status quo as of date with regard to the control over the society shall be maintained. However, no major expenditure shall be incurred as well as no policy decision shall be taken by any of the parties. This Court may record that it will not be necessary for the party possessing the renewal certificate of the society to return the same to the Assistant Registrar till the legality of the elections of the office- bearers is finally adjudicated. Both the writ petition stands disposed of finally." ;