Allahabad High Court
Committee Of Management Kanpur ... vs State Of U.P. And 4 Others on 15 March, 2021
Bench: Manoj Misra, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 891 of 2020
Appellant :- Committee Of Management Kanpur Gaushala Society
Respondent :- State Of U.P. And 4 Others
Counsel for Appellant :- Rohan Gupta
Counsel for Respondent :- C.S.C.,Rajan Upadhyay
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Rohan Gupta, learned counsel for the appellant; learned Standing Counsel for respondents 1, 2 and 3; and Sri Ramesh Upadhyay, learned Senior Counsel assisted by Sri Rajan Upadhyay, learned counsel for respondents 4 and 5.
This intra-Court appeal has been preferred against an interim order dated 31.08.2020, corrected on 02.09.2020, passed by learned Single Judge in Writ-C No. 13096 of 2002, by which the effect and operation of the order dated 27th August, 2020, passed by Deputy Registrar, Firms, Societies and Chits, Kanpur, declaring a list of office bearers of Kanpur Gaushala Society elected, has been stayed.
The facts, in brief, giving rise to the instant appeal are as follows. Kanpur Gaushala (for short 'society') is a society registered under the Societies Registration Act. An election of the office bearers of the society fell in dispute and came to be questioned in two writ petitions, namely, Writ-C No. 3572 of 2020 and 3267 of 2020, which were decided by a common order dated 07.02.2020. The operative portion of the order dated 07.02.2020, passed in Writ-C No. 3572 of 2020 and 3267 of 2020 is extracted below:-
"Having heard learned counsel for the parties and upon examination of records, this Court finds that there is no independent consideration by any of the authorities under the Act of 1860 on the question as to whether any valid election at all was held to constitute the managing committee as is being claimed by the respondents in the leading case. The specific provision of bye-laws which authorises the manager to call for the meeting has also not been taken note of. There is no satisfaction recorded nor the members were informed of the date of meeting. In such circumstances, this Court finds that the claim of elections set up by the respondents clearly fails to answer the requirement in the bye-laws, particularly as the respondents otherwise had no right to convene the meeting for holding of election and it was for the Secretary of the Committee recognized on 2.6.2016 to convene the election meeting.
Faced with the aforesaid circumstances and on the suggestion of the Court, learned counsel for the parties have fairly agreed to holding of fresh election by the Deputy Registrar, under Section 25(2) of the Societies Registration Act, 1860, on the basis of list finalized by the Deputy Registrar on 27.3.2012, as per which, 765 members constitute the electoral college of the society. Only these members had participated in the last undisputed election.
Sri Ramesh Upadhyay, at this stage submits that the action of Deputy Registrar lacks fairness and, therefore, it would be appropriate that some independent person be directed to hold the elections.
In view of the consent given by the counsel for the parties for elections to be held on the basis of members finalized by the Deputy Registrar on 27.3.2012, numbering 765 in all, it is provided that the Deputy Registrar shall call for the election meeting and sent a request to the District Magistrate to depute any Sub-Divisional Magistrate to supervise the election meeting. The Sub-Divisional Magistrate to be nominated would be other than Sub-Divisional Magistrate of the area concerned. Notices would be sent by registered/speed post to all 765 members and the election programme would also be notified in Hindi Daily Dainik Jagaran published from Kanpur Nagar. The expenses in that regard would be paid from the funds of the society. The elections, accordingly, would be got conducted by the Election Officer and based upon its result, the authority under the Act shall proceed to register list of office-bearers. The required action in that regard would be completed within a period of three months.
In view of the discussions already made in this judgment and to facilitate the course suggested in this order, the orders impugned in the writ petition as well as the list of office-bearers registered on the basis of alleged election dated 15.10.2019 stands quashed.
Both the writ petitions stands disposed of, accordingly."
As per the direction of this Court dated 07.02.2020 (supra), elections were to be held from a list of 765 members finalised by Deputy Registrar on 27.03.2012 with further direction that for holding the election meeting, a request shall be sent to the District Magistrate to depute a Sub-Divisional Magistrate of a different division i.e. area to supervise the election meeting. Instead of following the above direction, the Deputy Registrar, Firms, Societies and Chits, Kanpur on 27.08.2020 declared a list of office bearers as having been elected unopposed.
The fourth and fifth respondents being aggrieved with such declaration, by claiming that the direction of this Court dated 07.02.2020 has not been followed in letter and spirit inasmuch as no Sub-Divisional Magistrate was nominated to supervise the election meeting and that the election allegedly held is bogus, challenged the order dated 27.08.2020 by filing Writ-C No. 13096 of 2020.
The learned Single Judge, upon finding that the election meeting forming the basis of declaration made by the Deputy Registrar on 27.08.2020 was not in conformity with the directions given by this Court in its order dated 07.02.2020, stayed the effect and operation of the order dated 27.08.2020 by the impugned order dated 31.08.2020.
After some arguments, the learned counsel for the parties agreed that since the election meeting forming basis of declaration dated 27.08.2020 was not in conformity with the directions dated 07.02.2020 of this Court, the appropriate course would be to direct holding a fresh election in the light of the order dated 07.02.2020, which has attained finality between the parties.
Having considered the rival submissions, keeping in mind the request of learned counsel for the parties, we deem it appropriate to dispose off this appeal by allowing the Writ Petition No. 13096 of 2020 and setting aside the order dated 27.08.2020 passed by the Deputy Registrar Firms, Societies and Chits, Kanpur by which a list of office bearers of Kanpur Gaushala Society has been declared.
A direction is issued to the Deputy Registrar to carry out the directions issued by this Court dated 07.02.2020 in Writ-C No. 3572 of 2020, connected with Writ-C No. 3267 of 2020, thereby calling for and holding an election meeting within a period of four weeks from today in the light of the observations made by this Court in its order dated 07.02.2020 (supra).
The District Administration shall co-operate in holding the election meeting by ensuring compliance of the directions issued by this Court in its order dated 07.02.2020 passed in Writ-C No. 3572 of 2020 connected with Writ-C No. 3267 of 2020.
This appeal and Writ-C No. 13096 of 2020 stands disposed off as above.
Office shall place a copy of this order in the records of Writ-C No. 13096 of 2020 and mark it in the register that it has been disposed off in terms of the order passed in this special appeal.
Order Date :- 15.3.2021
V.S.Singh
