Allahabad High Court
Committee Of Management, Dr. Rajendra ... vs State Of Up And 6 Others on 9 January, 2025
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:5094
Court No. - 32
Case :- WRIT - C No. - 40539 of 2024
Petitioner :- Committee Of Management, Dr. Rajendra Prasad Madhyamik Vidyalaya And 4 Others
Respondent :- State Of Up And 6 Others
Counsel for Petitioner :- Grijesh Tiwari
Counsel for Respondent :- Ashish Mishra,Arunesh Kumar Singh,C.S.C.
Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 to 3 and Sri G.K. Singh, learned Senior Counsel assisted by Sri Ashish Mishra, learned counsel for the respondents No.4.
2. By means of the present writ petition, the petitioners have prayed for the following reliefs:-
"(i). Issue an appropriate writ order or direction in the nature of mandamus commanding/directing the respondent No.2 i.e. the Prescribed Authority, Khadda, Kushi Nagar to decide the reference moved under Section 25(1) of the Act, 1860 by the 1/4th valid members of the general body of the petitioners society after summoning the original records/file pertaining to the petitioners society namely Dr. Rajendra Prasad Madhyamik Vidhyalaya from the office of the respondent No.3 within stipulated period as fixed by this Hon'ble Court.
(ii). Issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii). Award cost of the writ petition to the petitioners."
3. It appears that the petitioner has set up his election on 24.06.2012 in respect of the Society namely Dr. Rajendra Prasad Madhyamik Vidhyalaya, Barwa Ratanpur, District Kushi Nagar whereas the respondent No.4 has set up his election on 04.10.2020. It transpires that the petitioner has been elected since 1982 as Committee of Management of the Society by order dated 25.01.2021 of the The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur on a complaint referred the matter to the Prescribed Authority in purported exercise of the power under Section 25(1) of the Societies Registration Act, 1860 (for short 'the Act, 1860') in respect to the elections of the years 2007, 2012 and 2017 which were not disputed.
4. The petitioner assailed the order of the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur dated 25.01.2021 by filing Writ-C No.10530 of 2021 which was allowed by this Court vide judgement and order dated 02.11.2023. Paragraphs No.8 to 14 of the said judgement are reproduced herein below:-
"8. Prima facie, I am of the opinion that for making a reference the Assistant Registrar has to record finding with regard to bona fide and genuine dispute or doubt and, in any case, he cannot make a reference in relation to the tenure or the elections held in past about which even no adjudication can be made by the Prescribed Authority.
9. Nevertheless, the members at the strength of 1/4th quorum can certainly approach the Prescribed Authority under the same provision, i.e. Section 25(1) of the Act, 1860.
10. Leaving the rights of anyone to satisfy statutory requirement of 1/4th, before approaching the Prescribed Authority, I am, prima facie, satisfied that the order of reference is not according to law and is held in teeth of the judgments of this Court in the case of Shiv Murti Verma (supra) and Kisan Kisan National Education Trust Pratapganj (supra).
11. While this Court was inclined to stay the effect and operation of the order impugned, Sri Vinod Kumar Singh, learned counsel submits that the order impugned may be set aside leaving the rights of the parties open to be adjudicated before the Assistant Registrar or the Prescribed Authority in view of the fact that the petitioners have held subsequent elections in 2022, as stated by the petitioners.
12. In view of the above, the writ petition succeeds and is allowed.
13. The order impugned dated 25.01.2021 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur (respondent no.3) is quashed.
14. The parties concerned are at liberty to approach the Assistant Registrar or the Prescribed Authority strictly in accordance with the statutory provisions contained under Section 4 or 25 of the Act, 1860."
5. After the judgement and order passed by this Court dated 02.11.2023 in Writ-C No.10530 of 2021, according to the petitioner 1/4th member of the Society filed a reference before the Sub Divisional Magistrate, Kushi Nagar under Section 25(1) of the Act, 1860 with the prayer that the Committee of Management elected on 19.06.2022 be declared valid Committee of Management and the election dated 04.10.2022 of the respondents is declared illegal and invalid. On the said Reference, the Prescribed Authority issued notices fixing 03.10.2024, copy of which is enclosed as Annexure No.15 to the writ petition.
6. In the aforesaid backdrop, the petitioner has prayed for the aforesaid reliefs.
7. Sri G.K. Singh, learned Senior Counsel appearing for the respondent No.4 submits that once the petitioner has assailed the order of the Assistant Registrar referring the matter to the Prescribed Authority inWrit-C No.10530 of 2021 and got the reference order dated 25.01.2021 set aside, the petitioner cannot take somersault and again approach the Prescribed Authority for reference. It is further submitted that the respondent No.4 has also raised objection with regard to the list of the members of the Society and the domain to decide the validity of the members of the Society vests with the Assistant Registrar under Section 4-B of the Act, 1860, and after the validity of the membership of the society the validity of the election can be looked into, therefore in such view of the fact, at this stage the reference before the Prescribed Authority is misconceived.
8. Be that as it may, under Section 25(1) of the Act, 1860, 1/4th members of the Society have right to prefer reference before the Prescribed Authority.
9. According to the petitioner, 1/4th members of the Society has preferred a reference on which notices has been issued, copy of which is enclosed as Annexure-15 to the writ petition.
10. In such view of the fact, the Prescribed Authority is mandated under Section 25(1) of the Act, 1860 to decide the reference under Section 25(1) of the Act, 1860 if he finds that the reference has been filed by 1/4th members of the Society. Since the petitioner has approached this Court with limited prayer seeking direction to the Prescribed Authority to decide the reference, therefore, this Court is not inclined to return any finding on merit on the submission advanced by learned counsel for the respondent No.4 and leave it open to the respondent No.4 to take all the aforesaid objections before the Prescribed Authority who while deciding the dispute shall also consider the aforesaid objections of the respondent No.4 and return a finding on the aforesaid objection of the respondent No.4.
11. Accordingly, this Court issues writ of mandamus to the Prescribed Authority-respondent No.2 to decide the reference (Annexure-13 to the writ petition) pursuant to which he has issued notices (Annexure-15 to the writ petition) expeditiously preferably within a period of three months from the date of production of certified copy of this order, after giving due notice and opportunity of hearing to all concerned parties.
12. With the aforesaid observations, the writ petition is disposed off.
Order Date :- 9.1.2025
SS
