Allahabad High Court
C/M Mukt Nath Tapsi Nath Shiksha ... vs State Of U.P. And Others on 9 July, 2012
Bench: Amreshwar Pratap Sahi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 38
Case :- WRIT - C No. - 32325 of 2012
Petitioner :- C/M Mukt Nath Tapsi Nath Shiksha Samiti And Another
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Salil Kumar Rai
Respondent Counsel :- C.S.C.,Siddharth Shukla
Hon'ble Amreshwar Pratap Sahi,J.
Heard Sri Ashok Khare, learned Senior Counsel and Sri Salil Kumar Rai for the petitioners and Sri R.K. Ojha and Sri B.D. Pandey for the respondents 3 to 12 as they contend that they have instructions on behalf of all these respondents and the learned Standing Counsel for the respondent Nos. 1 and 2.
The impugned order passed by the Deputy District Magistrate Mehdwal, District - Sant Kabir Nagar is under challenge whereby a decision has been rendered in relation to the claim of the parties by non-suiting the petitioner on the ground that the petitioner has not filed any document in relation to the elections having been held after 2009.
The elections set up by the respondent 3 has been accepted on the basis that the respondent no. 3 is in effective control over the society and further the elections were validly held.
Sri Khare submits that so far as the petitioners' claim is concerned there is no dispute that the petitioners were in effective control earlier and even today they claim to be in effective control. It is urged that there was no occasion for the respondent no. 3 to have set up any rival claim and even otherwise if the prescribed authority was of the opinion that the tenure of the petitioner-committee had come to an end in 2009, then the only option was to again hold fresh elections as per the provisions of Sub-Section (2) of Section 25 of the Societies Registration Act, 1860. He contends that the respondent no. 3 and his associates had no authority to set up any elections dated 17th July, 2008 as has been recognized by the prescribed authority. The contention is that they had no authority to hold elections nor any such elections have been validly held. The conclusions drawn by the prescribed authority are bereft of any reason and are not based on any material.
Sri R.K. Ojha for the contesting respondents on the other hand contends that the elections of 2008 have been validly held and once the bye-laws have been amended then it was no longer open to the petitioners to hold elections in the year 2007. They were otherwise not continuing validly as the term of the petitioners had already expired. He submits that the elections of 2008 were valid and has been held through a correct electoral college.
Learned Standing Counsel submits that the prescribed authority has passed an order on a consideration of material on record and therefore this Court may proceed to dispose of the matter finally at this stage itself. Accordingly, with the consent of the parties, the matter is being disposed of finally at this stage itself as they urge that no further affidavits are required to be filed at this stage.
I have perused the impugned order of the prescribed authority and I see no reason or any evidence having been discussed by the prescribed authority for accepting the elections dated 17th July, 2008 as set up by the contesting respondent no. 3. In the absence of any such material or reason, the conclusion drawn that the election dated 17th July, 2008 was valid cannot be sustained.
So far as the petitioners' status is concerned it remains almost un-controverted that no elections have been held after the year 2009. In the circumstances, even assuming that the tenure of the petitioner-committee had continued, since no fresh elections have been held the provisions of Sub-Section (2) of Section 25 of the Societies Registration Act, 1860 are clearly attracted.
Accordingly, in the opinion of the court, the impugned order is unsustainable on both counts. The order dated 29th May, 2012 is quashed. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur of the region concerned shall now proceed to get the elections held in terms of sub-section (2) of Section 25 of the Societies Registration Act, 1860 after finalizing the electoral college and deciding objections thereon in accordance with law within a period of three months from the date of presentation of a certified copy of this order before him.
The writ petition is allowed.
Order Date :- 9.7.2012
Sahu
