Allahabad High Court
Neeraj Agarwal And 18 Others vs State Of U P And 2 Others on 18 December, 2023
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:239352-DB
Court No. - 46
Case :- SPECIAL APPEAL No. - 670 of 2023
Appellant :- Neeraj Agarwal And 18 Others
Respondent :- State Of U P And 2 Others
Counsel for Appellant :- Prabhakar Awasthi,Deepak Kumar
Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi,Sankalp Narain
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Manish Kumar Nigam,J.
This special appeal is directed against the judgment of learned Single Judge dated 21.8.2023, whereby the appellant-petitioners questioning of their removal from the membership of society on the ground of non-deposit of yearly renewal fee has been rejected.
There exists a society duly registered under the Societies Registration Act, 1860 known as 'The Katra Education Society'. This society is running various institutions. The affairs of the society are regulated by its bye-laws which have been amended from time to time. The bye-laws, which regulate the affairs of the society are contained in annexure-2. Clause 3 and 4 of the bye-laws are relevant and are extracted hereinafter:-
"3. The members of the society:
a) In addition to existing members of the society, the membership of the society shall be open to all Indians who agree to abide by the rules and regulations i.e. The Bye-laws of the society and pay Rs.1000/- as membership fee provided their application form for membership is approved by the executive committee (who has full power to reject the same without assigning any reason thereto) and is further thereafter approved by the general body in its annual meeting or in the next extraordinary meeting, whichever is held earlier, by reason of their literary or social attainments or special services to the cause of education.
b) Members shall pay as annual subscription of Rs.240/- or more.
4. Termination of membership:
Membership shall stand terminated:
a) On the death of the member
b) Non-payment of annual subscription for more than one year subject to approval of the executive committee of the society.
c) On acceptance of the resignation of the member by the executive committee; and
d) If he is removed from membership by the executive committee or is debarred from future membership of the society for any acts of his which are detrimental to the interest of the society or any of its institution maintained, controlled and run by it.
e) If he or she has become insane or is declared insolvent, or is convicted for commission of an offence involving moral turpitude."
It appears that the appellants have been removed from the membership of the society on the ground that their annual membership fee has not been deposited. The removal was challenged before the Assistant Registrar by way of a representation which has been rejected ultimately by observing that twice the list of general body of society since has already been registered, therefore, there is no requirement of any fresh consideration of claim of the appellants.
Learned Single Judge upon consideration of the cause has dismissed the petition holding that no interference is required to be made with the order of the Assistant Registrar.
Section 4-B(1) of the Societies Registration Act, 1860 as amended for the State of U.P. reads as under:-
"4-B. (1) At the time of registration/ renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of the society."
The above provision clearly goes to show that the list of members of general body of a society has to be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar is enjoined to examine the correctness of the list of the members of the general body etc.
On behalf of the appellants, it is contended by Sri Prabhakar Awasthi that they are the life members and the membership of society otherwise is restricted to close family members. It is submitted that at no point of time, the appellants were never put to any notice of default in depositing the membership fee. It is also submitted that the recital in the resolution of the society that various notices etc. were served upon the appellants that they defaulted in depositing the annual fee is factually incorrect.
Sri G.K. Singh, learned Senior counsel for the respondents contends that the appellants have not participated in the last admitted elections and repeatedly over last 3-4 years they have not been shown as members. No objection in that regard is taken. It is, therefore, submitted that at this late stage raising of a claim by the appellants has rightly been rejected by the Assistant Registrar.
Be that as it may, we find from the order passed by the Registrar that there is no conscious application of mind to the rival contentions advanced by the counsel for the parties. The fact that the bye-laws require deposit of annual membership fee cannot be doubted. What is, however, required to be seen is as to whether the members have been depositing their fee regularly and whether the appellants have failed to deposit fee despite their obligation to deposit the membership fee. Another question would arise as to whether the society has extended equal treatment to all its members in the matter relating to deposit of yearly renewal fee or not?
Since we find that on the aforesaid aspects there is no determination by the Assistant Registrar, even though he has jurisdiction to examine such aspects, we deem it appropriate to remit back the matter to the Assistant Registrar for passing a fresh order, in accordance with law. In order to facilitate such fresh consideration of cause in terms of the above observation, we set aside the judgment of learned Single Judge dated 21.8.2023. Since both sides are present before us, we direct them to appear before the Assistant Registrar on 8.1.2024. The Assistant Registrar after exchange of pleadings would take an appropriate reasoned decision within a further period of two months, keeping in view the above observations.
The special appeal is, accordingly, allowed.
Order Date :- 18.12.2023
RA
