Mithlesh Kumar Singh And 2 Others vs State Of U P And 3 Others
2022 Latest Caselaw 15185 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 32256 of 2022
 

 
Petitioner :- Mithlesh Kumar Singh And 2 Others
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Ratnakar Upadhyay,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Daya Shankar Singh
 

 
Hon'ble Salil Kumar Rai,J.

The present petition has been filed challenging the order dated 22.9.2022 passed by the Assistant Registrar, Firms, Society and Chits, Varanasi.

From a reading of the impugned order, the averments in the petition and the arguments of the counsel for the parties shows that the issue in the present petition is regarding the validity of the membership of the persons enrolled as members of the Society by the Committee of Management of the Society named as Salnat Bahadur (Post Graduate) Degree College, Badlapur, District Jaunpur.

The issue in the petition is regarding membership dispute which is an issue of fact and therefore, writ proceedings are not the appropriate remedy.

It was pointed out by the counsel for the parties that the Bye-laws of the Society do not provide for any procedure for enrolling new members in the Society.

It was argued by the counsel for the petitioners that in the present case, the persons who have been held to have been validly enrolled as members of the Society were enrolled as such by the Committee of Management of the Society. It was argued by the counsel for the petitioners that in light of the judgment dated 9.12.2010 passed by the Single Judge of this Court in Civil Misc.Writ Petition Nos.60164 of 2010, 31259 of 2007 and 40560 of 2008, it was the general body which was authorized to enroll a new members in the Society. The counsel for the petitioners has relied on the observation of the Single Judge which is reproduced below:

"The Bye-laws are absolutely silent as to which authority will enroll the members. In the absence of any such provision the only presumption is that the enrollment of the members has to be to approved in a meeting of the society as it clearly involves the right to freedom of Association."

The issue as to whether certain persons were validly inducted as members of the Society is dependent on a finding on the issue as to whether any resolution by the Committee of Management of the Society inducting certain persons as members of the Society was approved by the General Body or not and also other facts.

It is sufficient to state that, membership disputes are primarily issues of facts to be decided on evidence. In any case, the plea regarding procedure to be adopted in enrolling new members in the Society can also be decided by the Civil Court.

For the aforesaid reasons, it is not a fit case for interference by this Court under Article 226 of the Constitution of India, the petition is dismissed. The petitioners may exercise any other remedy available to them in law.

Order Date :- 31.10.2022

IB