MAHANTH BABA HATHI RAM PAJAWA RAMLILA COMMITTEE v. REGISTRAR, FIRMS, SOCIETIES AND CHITS
2000-09-08
O.P.GARG
body2000
DigiLaw.ai
O. P. GARG, J. ( 1 ) THESE are two connected with petitions in which a dispute regarding the election of office bearers of the Committee of Management of Shree Mahant Baba Hathi Ram Pajawa Ramlila committee, Rani Mandi, Allahabad, which is a Registered Society, has been raised. ( 2 ) COUNTER and Rejoinder affidavits have been exchauged. Heard Sri Shailendra as, learned counsel for the petitioner V. K. Tiwari as well as Sri Arun Tandon in opposition, who is the petitioners Counsel in Writ Petition No. 18268 of 2000. ( 3 ) EARLIER a Writ Petition No. 40373 of 1999 was filed by Mahant Baba Hathi Ram Ramlila committee. The said petition was disposed of finally by order dated 21. 9. 1999 with the observation that: ". . . . . . . . . on the facts and circumstances of thu present case the Prescribed Authority will right in directing the Registrar who happens to be the impartial and independent authority to hold the election of the office bearers and members of the Committee of Management of the Society. It may also be observed that the proceedings under Section 25 of the Societies Registration Act are summary in nature. The orders passed by the authorities in the said section arc always subject to the decision by a competent Civil Court. Petitioners, if so advised, may approach the competent court for declaration of their rights subject to what has been stated above. With these observations and directions, this petition stands finally disposed of. " ( 4 ) ANOTHER Writ Petition No. 32688 of 3099 is pending before a Division Bench of this Court. This writ petition was filed by one Gopa Ji Chaurasia. ( 5 ) SRI Shailendra learned Counsel for the petitioner pointed out that there is no duly elected body in existence and, therefore, difficulties are being experienced in arranging and organising the various celebrations in connection with Dashehra festival. It was pointed out that it is not known as to which Authority or Committee is to organise the Ram Lila on behalf of Registered Society. He desired that approach orders to passed so that the Registered Society may gear up its activities to celebrate the festival by organising Ram Lila, which is a prestigious event in the city of Allahabad.
He desired that approach orders to passed so that the Registered Society may gear up its activities to celebrate the festival by organising Ram Lila, which is a prestigious event in the city of Allahabad. ( 6 ) ALLEGATIONS and counter allegations have been made by the parties with regard to the squandering of the funds of the Society. ( 7 ) IN view of multiplicity of the writ petitions and voluminous records of the present two writ petitions, if is necessary to hear the parties Counsel at some length. ( 8 ) AT present the concern of the parties and the Court is as to which body should organise the ram Lila and the affairs of Dashehdra festival. I have considered this matter with a sense of urgency. Similar difficulty arose last year also. A Division Bench of this Court made an interim arrangement by order dated 21. 9. 99 passed in Writ Petition No. 32688 of 1999. The order passed by the Division Bench of this Court as follows : ". . . . . . Having regard to the nature of dispute, by way of interim arrangement, we feel in expedient to direct the Registrar to constitute the Committee of the suitable persons to conduct and manage the affairs of Dashehra festival. The Registrar shall take all necessary precautions with due diligence for finalising the affairs of Ram Lila Committee. The election, if ordered, shall proceed. The order shall not create any interference or obstruction in the process of election. " ( 9 ) KEEPING in view the order passed last year and taking into consideration the facts and circumstances and acrimony between the rival parties. I am inclined to make the following arrangement for organising Ram Lila and to manage the affairs of Dashehra festival of the year 2000 in the following manner. ( 10 ) THE Assistant Registrar, Firms, Societies and Chits, Allahabad shall constitute a Committee of at least seven members (though there may be more) of which he shall be the Chairman. He shall co-opt suitable and respectable persons as members including S/sri Arun Tandon and Sri shailendra, if they are agreeable, to conduct and manage the affairs of the Dashehra festival as well as to organise the Ram Lila.
He shall co-opt suitable and respectable persons as members including S/sri Arun Tandon and Sri shailendra, if they are agreeable, to conduct and manage the affairs of the Dashehra festival as well as to organise the Ram Lila. ( 11 ) THE Committee shall maintain a proper account of all the receipts and expenditure incurred in connection with the aforesaid festival/ram Lila. No financial transaction shall take place unless it is sanctioned and approved by the Chairman of the committee. After the celebrations are over the Assistant Registrar, Firms, Societies and Chits, Allahabad shall submit a report and the statement of income and expenditure. ( 12 ) A copy of this order shall be sent by the office to the Assistant Registrar, Firms, Societies and Chits, Allahabad so that he may take necessary steps in the matter. Any one of the parties may also produce a copy of this order before, the Assistant Registrar aforesaid. List this petition for hearing in the week commencing 13th November, 2000. .