VIVEK VARMA,J. - (1.) This appeal is preferred to question the correctness of the order dated 22.12.2017 passed by the learned Single Bench in Writ-A No. 62262 of 2017 (Kamlapati Singh Vs State of UP and 5 others) whereby the writ Court declined to interfere in the process of election set in motion by the Assistant Registrar, Firms, Societies & Chits, Jhansi Division Jhansi invoking his jurisdiction under Section 25(2) of the Societies Registration Act, 1860.
(2.) In brief Captain Shankar Dhwaj Audhyogik Vidyalaya Malheta, Post Malheta, Tehsil Rath, District Hamirpur is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred as the Act) in the year 1985. Affairs of the Society are managed by a Committee of Management i.e. periodical election. Under bye-laws of the Society, term of the last elected Managing Committee expired in the year 2000 but periodical elections thereafter were not held and an Authorized Controller was appointed on 16.9.2005. The term of the Authorized Controller was extended from time to time. It was only in the year 2011 that the elections to elect Managing Committee were held on 31.1.2011 and the Committee elected thereunder was registered by the Assistant Registrar Societies on 9.2.2011. However, the order of registration was recalled by him by order dated 27.6.2011. That order was challenged before this Court in Writ Petition No. 37249 of 2011, which was dismissed by order dated 11.7.2011. However, while dismissing the writ petition the Court provided that it would be open for the parties concerned to either approach the Civil Court or invoke the provision of Section 25(1) of the Act, for resolution of dispute relating to election in question. Pursuant to aforesaid liberty granted by the writ Court, the aggrieved persons made a reference, which was rejected by the Prescribed Authority by order dated 13.9.2012. By dismissal of the aforesaid reference the Society came to be placed in the same situation as was existing in the year 2000. Meanwhile out of 12 members, who constituted the Committee of Management, only five members survived. From amongst five life members, four of them namely, Raghuraj Singh, Bachhraj Singh, Kamlapati and Ranveer Singh approached the Assistant Registrar to permit them to enroll new members. The Assistant Registrar on 25.2.2013 accorded permission and in pursuance thereof the four life members authorized Sri Raghuraj Singh to induct new members. It was also resolved that the defective rules of the Society be also corrected. On 10.3.2013 three members namely Dr Satya Narain Singh Parihar, Satya Prakash Singh and Ram Sewak were enrolled as members. Thereafter, on different dates 19 more members were enrolled. Thus, total 22 new members were enrolled. On 29.12.2013 an election of the Committee of Management was held wherein Dr Satya Narain Singh Parihar, was elected as Manager and Sri Sant Pal Singh was elected as President. The election was approved by the Assistant Registrar on 9.7.2015. Out of five surviving members, one of the surviving member i.e. Mr Arun Kumar Singh, approached the authorities contending that entire enrollment and induction of new members as well as subsequent holding of election were farce and manipulated and was without his consent and knowledge. On this complaint certain ex-parte inquiry was conducted and Assistant Registrar passed an order dated 25.8.2015. Against the said order, Dr Satya Narain Singh Parihar, filed writ petition No. 52861 of 2015. It was allowed vide order dated 30.10.2015 with following observation: "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."
(3.) Consequently, respondent no. 5 (Arun Singh Bhadoria) approached the Assistant Registrar. The Assistant Registrar passed an order dated 24.5.2016. The order dated 24.5.2016 noticed that since the Committee became time barred in the year 2000, the subsequent election held in the year 2011, had no sanctity. It was also held that Sri Raghuraj Singh had no authority to enroll new 22 members and accordingly such proceedings were illegal. It was also held that even before any Committee could be elected, a resolution was passed to amend the bye-laws. The order further records that this was impermissible as only the elected Committee could have taken such decision. That order was subjected to challenge along with consequential actions in Writ-C No. 30476 of 2016 [Committee of Management, Captain Shankar Dhwaj Audhyogik Vidyalaya and an another Vs State of UP and others]. The writ petition was finally decided by order dated 28.2.2017 whereby the learned Single Bench up-held the order dated 24.5.2016 of the Assistant Registrar and following directions were issued. The same is quoted below:- "16. In view of the above, writ petition stands allowed with following directions:- (I) The order of Assistant Registrar dated 24.5.2016 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. ";