Allahabad High Court
Kisan Education Trust And Another vs State Of U P And 2 Others on 29 March, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - C No. - 3444 of 2023
Petitioner :- Kisan Education Trust And Another
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- J.P. Singh,Ashok Kumar Singh,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the petitioners is taken in the record.
Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri J.P.Singh, learned counsel for the petitioners, learned Standing Counsel for the respondents No.1 and 2-State and Shri Radha Kant Ojha, learned Senior Counsel assisted by Shri Ratnakar Upadhyay, learned counsel for the respondent No.3.
The controversy initially arose from an order of the Assistant Registrar, Firms, Societies and Chits, Varanasi adjudicating the list of the members of the society.
The issue of 47 enrolled members was decided by the first instance by the learned Single Judge by judgment dated 26.03.2012 rendered in Civil Misc. Writ Petition No.8181 of 2011 (Kisan National Education Trust and another v. Asstt. Registrar, Firms, Societies & Chits and others).
The judgment of the learned Single Judge was carried in appeal wherein the learned Division Bench in Special Appeal No.728 of 2012 (Kisan National Education Trust Pratapganj Jaunpur and others v. Assistant Registrar, Firms, Societies and Chits Jaunpur and others) held as under:
"12- ??? ?? ????? ?? ???? ??? ??? ????? ?? ?? ????? ?????? ?? ???? ??? ????? ?? ?? ?????????, ??????? ??????????? ??????? ?? ???? 25 ?? ??????? ?? ????? ???????? ?? ????? ???? ????? ??? ???? ???? ??? ?? ??? ?? ????? ????? ???? ?? ?? ??? ??? ???????? ?? ?? ???? ?? ?????? ?? ???? ???????? ??? ??????? ???? ???? ??? ??????? ?? ??? ?? ???? ????? ??? ?? ????????? ?? ???? ???"
The finding of the learned Single Judge on the validity of membership ceased to be operative after judgment of the learned Division Bench, which left open the issue of membership to be decided by the competent authority. This consequence of the order of the learned Division Bench was followed in later orders of the High Court. In writ proceedings arising out of an order passed by the prescribed authority under Section 25(1) dated 06.02.2013, the learned Single Judge held as under:
"It is settled law that order of the Assistant Registrar is subject to the orders to be passed by the Prescribed Authority under Section 25(1). Even otherwise, the Division Bench of this Court while deciding the Special Appeal No. 728 of 2012 has specifically permitted the petitioners to raise all objections with regard to the membership as well as in respect of elections by way of reference application under Section 25(1) and therefore, all issues with regard to the membership were left upon to be examined by the Prescribed Authority. Even otherwise this Court may record that the order of the Assistant Registrar determining the electoral college under Section 25(2) can even otherwise be challenged by way of Petition under Section 25(1) after the elections are held."
Thereafter, upon rejection of the case by the prescribed authority the petitioners yet again approached this Court. The learned Single Judge in judgment rendered on 14.09.2018 in Writ-C No.23628 of 2014 (Kisan National Education Trust Pratapganj & Another v. Prescribed Authority (S.D.M.) & 2 others dismissed the writ petition but made the following observation :
"The writ petition is dismissed. No order as to costs.
However it shall be open for the petitioner to challenge the membership of the general body by filing a regular Civil Suit before the competent Civil Court."
The petitioner thereafter instituted a civil suit which is pending. This is evident that the issue of membership has not been decided with finality by any court of law. Pendency of the civil suit per se shall not stymie the powers of the statutory authority under Section 4B of the Societies Registration Act. The statutory proceedings under Section 4B of the Societies Registration Act are independent of the civil suit unless any contrary order is passed by the learned court.
The Assistant Registrar, Firms, Societies and Chits, Varanasi took out the proceedings under Section 4B of the Societies Registration Act. The petitioners have made an application in the aforesaid proceedings. However, the prayer made by the petitioners seeking a stay of proceedings under Section 4B of the Societies Registration Act till the pendency of the civil suit is invalid. But the merits of issues raised in the representation have to be considered upon independent application of mind.
Interest of justice will be served by directing the petitioners to file a fresh representation before the Assistant Registrar, Firms, Societies and Chits, Varanasi.
In the wake of preceding discussion, the Assistant Registrar, Firms, Societies and Chits, Varanasi shall decide the representation of the petitioners in accordance with law.
It is open to the parties to raise all objections in accordance with law.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 29.3.2023
Ashish Tripathi
