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2004 DIGILAW 1950 (ALL)

Shiv Kumar Singh v. State of U. P.

2004-09-27

ARUN TANDON

body2004
JUDGMENT Arun Tandon, J.—Heard Sri Suresh Chandra Verma on behalf of the petitioner and learned standing counsel on behalf of respondent Nos. 1 to 3. It is not necessary to issue notice to respondent Nos. 4 and 5 in view of the order proposed to be passed in the present writ petition. 2. Sakaldeeha Inter College, Chandauli is an institution recognized under the provisions of the Intermediate Education Act. The said institution has been established by a society, duly registered under the Societies Registration Act in the name and style of Shiksha Pracharini Sabha Sakaldiha, district Chandauli. 3. According to petitioner the said institution is run and managed strictly in accordance with the approved scheme of administration of the institution. It is also an admitted position that an authorised controller has been appointed in the institution and has been in effective control of the institution for last more than 30 years. 4. This Court on a writ petition, filed by one Ram Sakal Pandey, being Writ Petition No. 35881 of 2002 against the continuance of the authorised controller, directed that the petitioner (of the said writ petition) may make a representation before the concerned authority, which shall decide the same by means of reasoned speaking order within six weeks. 5. In pursuance thereof it is claimed that an order was passed by the competent authority requiring the authorised controller to hold fresh elections of the Committee of Management for handing over charge and in pursuance thereof a notice was also issued to the parties concerned by the authorised controller. Subsequently, a dispute arose with regards to the list of members who were entitled to participate in the said election. The authorised controller, in compliance of the order of the District Inspector of Schools dated 1st November, 2003, stayed the proceedings of the elections with the finding that so long as the objections are not decided, no elections shall take place. The said order passed by the District Inspector of Schools was challenged by A. K. Pandey claiming himself to be one of the life member in Writ Petition No. 49533 of 2003. 6. The said order passed by the District Inspector of Schools was challenged by A. K. Pandey claiming himself to be one of the life member in Writ Petition No. 49533 of 2003. 6. This Court by means of the judgment and order dated 19th December, 2003, disposed of the writ petition with the following directions : “In the facts and circumstances of the present case, cause of justice would be more served in case, District Inspector of Schools, Chandauli, is directed by Director of Education, Secondary, U. P., Allahabad vide the complaint of respondent No. 5 within a period of one month from the date of receipt of a certified copy of this judgment by means of reasoned order after affording opportunity of hearing to the petitioner as well as respondent No. 5. While deciding the objection of respondent No. 5, the District Inspector of Schools, Chandauli, shall also take into consideration the order passed by the Assistant Registrar, Firms, Societies and Chits and other materials produced. After decision is taken by the District Inspector of Schools, the Additional Collector shall hold election. In case the list finalised by the District Inspector of Schools, is the same, as had been finalised by the Additional Collector, then the election would be held from the stage from where it had been kept in abeyance. But, in case District Inspector of Schools finds that there is difference in both the lists, then in that event fresh election proceedings are to be taken and concluded within a period of two months. Thereafter, entire papers be placed before the Regional Committee constituted under Government order dated 19.12.2000 for its decision on recognition of election and whichever of the parties has any grievance, will have liberty to raise it before the Regional Committee.” 7. From the operative portion of the order passed by the Hon’ble single Judge, it is apparently clear that fresh elections of the Committee of Management were required to take place within two months. After compliance of the directions contained in the aforesaid order, this Court had observed that the District Inspector of Schools while deciding the objections filed by respondent No. 5 namely Shiv Kumar Singh (present petitioner) shall take into consideration the order passed by the Assistant Registrar, Firms, Societies and Chits dated 21st March, 2001. After compliance of the directions contained in the aforesaid order, this Court had observed that the District Inspector of Schools while deciding the objections filed by respondent No. 5 namely Shiv Kumar Singh (present petitioner) shall take into consideration the order passed by the Assistant Registrar, Firms, Societies and Chits dated 21st March, 2001. It has further been directed that if any party feels aggrieved by the elections so held, it would be open to the party concerned to raise the issue before the Regional Level Committee, which shall adjudicate upon the legality or otherwise of the elections, so held by the authorised controller, in view of the Government order dated 19th December, 2000. 8. It is an admitted position that despite aforesaid order of this Court, the authorised controller has not held fresh elections of the Committee of Management although nearly 10 months have elapsed. 9. The Assistant Registrar on objections, filed by Sri K. N. Pandey and V. N. Singh, passed an order on 18th March, 2004, whereby he declared that there are 58 valid members of the general body of the society and the said list have been declared as list of valid members of the general body under Section 15 of the Societies Registration Act. 10. Subsequent thereto Sri K. N. Pandey moved an application along with an affidavit for review of the aforesaid order before the Assistant Registrar, Firms, Societies and Chits. The Assistant Registrar, Firms, Societies and Chits by means of the order dated 2nd September, 2004, has reviewed the said order and has reaffirmed the earlier order dated 21st March, 2001, which has referred to in the judgment of this Court dated 19th December, 2003, passed in Writ Petition No. 49533 of 2003. The order passed by the Assistant Registrar, Firms, Societies and Chits dated 2nd September, 2004, has been challenged by Sri Shiv Kumar Singh. 11. From the facts which have been noticed herein above, it is apparent that the order dated 2nd September, 2004, has been passed by the Assistant Registrar, Firms, Societies and Chits in alleged exercise of powers of review. 12. In the opinion of the Court, the Assistant Registrar has not been conferred any power of review under the Societies Registration Act. From the facts which have been noticed herein above, it is apparent that the order dated 2nd September, 2004, has been passed by the Assistant Registrar, Firms, Societies and Chits in alleged exercise of powers of review. 12. In the opinion of the Court, the Assistant Registrar has not been conferred any power of review under the Societies Registration Act. It is settled law that the power of review is statutory power and except in cases of fraud and misrepresentation no authority has inherent jurisdiction to re-consider or review its earlier order. In such circumstances, the order passed by the Assistant Registrar, Firms, Societies and Chits is legally not sustainable. 13. However, this Court cannot lose sight of the fact that if the aforesaid order dated 2nd September, 2004, is quashed in the present writ proceeding under Article 226 of the Constitution of India, it will result in restoration of an illegal order passed by the Assistant Registrar, Firms, Societies and Chits dated 18th March, 2004. 14. The order dated 18th March, 2004, is an order passed without any authority of law inasmuch as under Section 15 of the Societies Registration Act, there is no power conferred upon the Assistant Registrar to determine the list of members of the general body. Section 15 reads as follows : “15. Member Defined.—(1) For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations.” 15. The Assistant Registrar is not authorised to decide any dispute with regard to membership of the general body under Section 15 of the Societies Registration Act. As such the order passed by the Assistant Registrar dated 18th March, 2004, in alleged exercise of power under Section 15 of the Act, is wholly without jurisdiction and this Court cannot permit such an order to stand. 16. In such circumstances both the orders passed by the Assistant Registrar, dated 2nd September, 2004 and 18th March, 2004, are illegal and do not require to be acted upon. Both the orders are declared inoperative in the eyes of law. 17. 16. In such circumstances both the orders passed by the Assistant Registrar, dated 2nd September, 2004 and 18th March, 2004, are illegal and do not require to be acted upon. Both the orders are declared inoperative in the eyes of law. 17. This leave us with the order of Assistant Registrar dated 21st March, 2004 only, which was subject-matter of consideration before this Court in Writ Petition No. 49533 of 2003, decided vide judgment and order dated 19th December, 2003, operative portion whereof has been reproduced herein above. 18. In such a fact situation it is provided that the District Inspector of Schools, Chandauli, shall decide the complaint of the present petitioner (respondent No. 5 in Writ Petition No. 49533 of 2003) within the period specified under order of this Court dated 19th December, 2003. It is further clarified that if any subsequent orders are passed by the Assistant Registrar, the same shall have no bearing and will not be made a ground by the District Inspector of Schools or Prabandh Sanchalak to postpone the elections of the Committee of Management. If any person is aggrieved by the elections so held by the Prabandh Sanchalak or the District Inspector of Schools, it will be open to aggrieved party to represent before the Regional Level Committee as has been directed earlier under order of this Court dated 19th December, 2003. 19. In view of the aforesaid, writ petition stands disposed of.