Allahabad High Court
C/M, Anjuman Arabiya Khairul ... vs State Of U.P. And 2 Others on 29 August, 2022
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - C No. - 23640 of 2022
Petitioner :- C/M, Anjuman Arabiya Khairul Madaris And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Gautam Baghel
Counsel for Respondent :- C.S.C.,Sikandar Azam Lari
Hon'ble Jayant Banerji,J.
1. Heard Shri R.K. Ojha, learned Senior Advocate, assisted by Shri Gautam Baghel, learned counsel for the petitioners, the learned Standing Counsel appearing for the respondent nos.1 and 2. Notice on behalf of respondent no.3 has been accepted by Shri S.A. Lari, learned counsel.
2. This writ petition has been filed with the following prayers:-
"i. to issue writ order or direction in the nature of certiorari quashing the impugned order dated 19.07.2022 (Anex. No. 10 Page Nos.81-115) passed by respondent no. 2 vide which the society has been declared time barred w.e.f. 22.06.2020.
ii. to issue a writ order or direction in the nature of mandamus directing and commanding the respondent no. 2 to recognise the petitioner committee of management under Section 4(1) of the Societies Registration Act, 1860."
3. With the consent of the learned counsel for the parties, the case is taken up for disposal.
4. The contention of the learned counsel for the petitioners is that the election conducted by the petitioner no.2 as Manager of the Institution on 20.03.2020 was held to be valid and the registration of the Society was renewed by the respondent no.2. However, in view of the dispute raised by the private respondent, despite there being a clear reflection of an election dispute, the respondent no.2, by the order impugned, instead of referring the matter to the Prescribed Authority under the provisions of sub-section (1) of Section 25 of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act of 1860'), has proceeded to adjudicate the dispute. It is contended that the order impugned is without jurisdiction and in support thereof, the learned counsel has relied upon two Division Bench judgments of this Court in the case of Gram Shiksha Sudhar Samiti Junior High School & Another Vs. Registrar, Firms Societies & Chits, reported in 2010 (7) ADJ 643 and C/M Anjuman Khairul Almin & Another Vs. State of U.P. & 3 Others reported in 2014 (1) ADJ 44.
5. Shri Lari, learned counsel for the respondent no.3 has objected to the writ petition strenuously. However, he has fairly stated that the respondent no.2 ought not to have entered into the merit of the election dispute but, given the precedents of this Court, ought to have referred the matter for adjudication before the Prescribed Authority under the provisions of sub-section (1) of Section 25 of the Act of 1860.
6. Thereafter, the learned counsel for the parties jointly state that under the circumstances, the order impugned dated 19.07.2022 be set aside and leave be permitted to the respondent no.3 to raise such plea by means of a reference before the Prescribed Authority as may be permissible keeping in view the provisions of sub-section (1) of Section 25.
7. In view of the aforesaid and with the consent of the learned counsel for the parties, this writ petition is disposed of with the following directions:-
(i) the impugned order dated 19.07.2022 is hereby set aside in view of the fact that the authority has entered into the merits of the election dispute which is not permitted under the provisions of the Act of 1860 and which aspect has been dealt with at length by the aforesaid two Division Bench judgments of this Court; and
(ii) it shall be open to the respondent no.3 to move an appropriate application before the Prescribed Authority under the provisions of sub-section (1) of Section 25 of the Act of 1860 which application will be considered by the authority in accordance with law including the aspect of maintainability thereof.
Order Date :- 29.8.2022
SK
(Jayant Banerji, J.)
