Dilip B. Bhosale, C.J. - (1.) Heard
(2.) This special appeal is directed against the order dated 4.7.2018 passed in a writ petition bearing Writ-C No. 22561 of 2018, filed by the appellants, challenging the orders dated 23.4.2018 and 30.05.2018 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur.
(3.) By these orders, it appears that the decision/resolution passed by the society, inducting Nitin Gupta, as a member of the general body of the society and the acceptance of resignation of Anand Swaroop by the general body, have been turned down. Counsel appearing for the appellants confines his challenge to the orders passed by the learned Single Judge in respect of acceptance of resignation of Anand Swaroop. The learned Single Judge, in the concluding paragraphs, after considering the controversy involved in the writ petition, observed thus: "In view of the discussions made above, this Court reaches at an irresistible conclusion that when there was a serious dispute with regard to correctness of resolution dated 27.10.2017, it was proper for the Chairman meeting to defer deliberation on the said agenda and to place it in the next meeting with intimation to all the members who were present in the earlier meeting. Further in view of the fact that Sri. Anand Swaroop wrote a letter dated 14.12.2017 before ratification of the minutes dated 27.10.2017 for acceptance of his resignation, it was incumbent upon the Chairman to invite him to participate in the meeting held on 31.12.2017 or thereafter, after the matter was deferred. In the event of Tie on the question of correctness of the resolution, it was open for the Chairman to exercise his casting vote for the purpose of ratification of the minutes. Thus having regard to the fact and circumstances brought before the Court, it would be appropriate that a fresh deliberation be made on two items i.e. resignation letter dated 19.12.2016 of Sri. Anand Swaroop and induction of Sri. Nitin Gupta in the Board of Governors. In view thereof, without expressing any opinion on the merits of the orders passed by the Deputy Registrar, in order to avoid any further complication or confusion, it would be appropriate that all existing members of the Society as on the date of the meeting i.e. 27.10.2017 (8 in number) would only be allowed to participate in the Special meeting to be called for discussion on the two aforesaid agendas, disputed between the parties. It is informed by the learned counsel for the petitioner that the time period for convening a meeting of the General body under the bye-laws of the society is 21 days, it would, therefore, be appropriate that the meeting of the General Body, for the aforesaid purpose, be held within a period of four weeks from today. The date of the said meeting with the specific agenda items to be discussed therein shall be duly intimated to all existing members as on 27.10.2017. It is clarified that no newly inducted members would be allowed to participate in the said meeting.";