Allahabad High Court
Committee Of Management Adarsh ... vs State Of U.P. And 2 Others on 8 February, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 3631 of 2023
Petitioner :- Committee Of Management Adarsh Shiksha Sabha Barhain Agra Through Its Manager And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Adarsh Bhushan,Abhay Singh Tomar,Sushant
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard Shri Adharsh Bhushan, learned counsel appearing on behalf of petitioners and learned Standing Counsel for the State-respondents.
The petitioners have preferred the present petition inter-alia with the prayer to quash the impugned order dated 22.11.2022 passed by the respondent no.2 namely Deputy Registrar, Firms Societies and Chits, Agra by which the matter was referred by him before the Prescribed Authority.
It is stated in the order impugned that two rival elections were held, one by the petitioners management and other by the respondent no.3 namely Anar Singh on 19.11.2022. On the basis of the aforesaid it is stated that since there is a dispute, the matter would be liable to be referred to the prescribed authority as per Section 25(1) of the Societies Registration Act, 1860.
It is argued by Shri Adarsh Bhushan, learned counsel for the petitioners that after the rival election was held by Shri Anar Singh/respondent no.3 as soon as the petitioners came to know regarding the aforesaid elections, objections were submitted by them before the respondent no.2 on 14.09.2022 along-with the 4 affidavits, copies of the aforesaid objections were appended as Annexure-9 to the writ petition. It is argued that though the aforesaid objections were duly received in the office of the respondent no.2 on 14.09.2022 self but the same was not at all taken into consideration by the respondent no.2 while passing the order impugned.
Apart from the same, it is argued that the order passed by the respondent no.2 is absolutely non speaking order, hence the same is liable to be set aside. He also placed reliance upon the law laid down by this Court in the case of Committee of Management vs. Assistant Registrar, 1995 (2) UPLBEC 1242. On the basis of which it is argued that respondent no.2 cannot act like a post office and while passing the order referred the matter before the prescribed authority under Section 25(1) of the Act of 1860, he should apply his mind regarding the bona fide dispute can be referred to the Prescribed Authority under Section 25 (1) and not the frivolous dispute.
Shri Adarsh Bhushan, learned counsel also placed reliance upon the following paragraph i.e., paragraph no.4 of the judgment passed in the case of Committee of Management, Rashtriya Junior High School (Society), Babhaniyaon, District Jaunpur vs. The Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi and others (2005) 3 UPLBEC 2817, which reads as follows:-
""4. It is the standard law that, if any, bonafide dispute as to two rival Committees of Managements is shown to be in existence to the Registrar or Assistant Registrar, a reference by him of the dispute to the Prescribed Authority follows as a matter of course. But a bonafide dispute does come into existence merely because one member, even if he is a founder member, chooses simply to say or ascertain that he has a rival Committee and therefore, a bonafide dispute as to Management exists. Sufficient prima facie material must be produced before the Registrar before he can validly exercise his jurisdiction of referring the dispute. He must, simply put, be satisfied that there is something to refer and he is not merely sending litigations before the Prescribed Authority, without there being even a shadow of real cause for litigation."
On the other hand, it is argued by the learned Standing Counsel that the order passed by the respondent no.2/Deputy Registrar, Firms Societies and Chits, Agra is absolutely perfect and valid order and does not call for interference by this Court, hence the petition is liable to be dismissed.
When the query has been raised by this Court that whether the objections submitted by the petitioners dated 14.09.2022 was taken into consideration by the respondent no. 2 or not, it is admitted by him that these objections were not taken into consideration by the respondent no.2 while passing the order impugned.
Heard counsel for the parties and perused the record.
Since the order impugned has been passed by the respondent no.2/Deputy Registrar, Firms Societies and Chits, Agra is without taking into consideration the objections submitted by the petitioners dated 14.09.2022 and since the order impugned is a non-speaking order and has been passed without considering the relevant aspect of the matter as raised in law, the Court is of the opinion that the same is liable to be set aside and is hereby set aside. Respondent No.2/Deputy Registrar, Firms Societies and Chits, Agra is directed to pass a fresh order strictly in accordance with law after providing an opportunity of hearing to the petitioner as well as respondent no.3 within a period of two months from the date of presentation of certified copy of this order.
Petitioners are directed to place the copy of this order before the respondent no.2/Deputy Registrar, Firms Societies and Chits, Agra within a period of two weeks from today.
Order Date :- 8.2.2023
Swati
