COMMITTEE OF MANAGEMENT NITYANAND VED MAHAVIDYALAYA v. VICE-CHANCELLOR SAMPURNANAND SANSKRIT UNIVERSITY VARANASI
2005-01-02
ARUN TANDON
body2005
DigiLaw.ai
ARUN TANDON, J. These are three writ petitions in respect of the same Society and the institutions managed by it. 2. Heard Sri R. S. Maurya Advocate on behalf of the Committee of Management with Sri Raghuvansh Pandey as its Manager, Dr. R. K. Srivastava Advocate on behalf of the Committee of Management with Sri Anant Prasad Gupta as the Manager, Sri V. K. Upadhyaya Advocate on behalf of Banaras Hindu University and Sri Anil Tiwari on behalf of Sampurnanand Sanskrit University. 3. Ved Vidyalaya and Dayanand High School, Banaras was registered as a Society under the Societies Registration Act on 11-3-1913. The name of the said Society was changed and it was duly registered with the changed name of Arya Vidya Sabha, Kashi on 21-9-1918. It is not in dispute between the parties that the election for office bearers of the Society are to be held in accordance with the provisions of the registered bye-laws of the Society. It is also not in dispute that the office bearers elected in respect of the Society among themselves constitute Committee of Management of the institutions, namely (i) D. A. V. Degree College which is an institution affiliated to Banaras Hindu University, (ii) Nityanand Ved Mahavidyalaya which is affiliated to Sampurnanand Sanskrit University, and (iii) D. A. V. Inter College. 4. The dispute in the present petitions is confined to the office bearers of the Society and the Committees of Management of the Degree Colleges. There is no controversy with regard to the Committee of Management of D. A. V. Inter College. 5. It is not disputed between the parties that this Court by means of order dated 21-10-1997 passed in Writ Petition No. 31668 of 1995 directed for holding of fresh elections of the office bearers [society (sic)] under the supervision of the Assistant Registrar. According to Sri Raghuvansh Pandey the Assistant Registrar accordingly conducted fresh elections of the office bearers of the Society on 19-9-1998 the result whereof was declared on 21-9-1998 in which Sri Shambhu Nath was elected as Secretary. The elections held by the Assistant Registrar on 19-9-1998 were duly recognized by the authorities inasmuch the list of office bearers elected in the election dated 19-9-1998 was duly registered under Section 4 of the Act and the said Sri Shambhu Nath was recognized as the lawful Secretary of the Society.
The elections held by the Assistant Registrar on 19-9-1998 were duly recognized by the authorities inasmuch the list of office bearers elected in the election dated 19-9-1998 was duly registered under Section 4 of the Act and the said Sri Shambhu Nath was recognized as the lawful Secretary of the Society. Sri Shambhu Nath, however, expired on 3-11-2000 and Sri Raghuvansh Pandey claims to have been nominated as the Secretary of the Society for the remaining term of the Committee of Management under resolution of the governing body dated 15-11-2000. On the basis of the said election Sri Raghuvansh Pandey claim himself to be the Secretary of the Society and he also claims to have right to hold fresh elections of the Committee of Management. 6. According to Sri Anant Prasad Gupta the Assistant Registrar did not conduct the elections within time specified by the High Court and therefore the general body of the Society held fresh elections on 16-8- 1998 and information for registering the list of office bearers so elected under Section 4 of the Societies Registration Act, 1960 (hereinafter referred to as the Act) was communicated to the Assistant Registrar vide letter dated 18-8-1998. 7. The Assistant Registrar Firms, Societies and Chits, Varanasi, on the basis of the claim made by Sri Raghuvansh Pandey issued renewal certificate of the Society vide order dated 15-1-2001. Sri Anant Prasad Gupta feeling aggrieved made a representation to the Assistant Registrar Firms, Societies and Chits, Varanasi, on 19-10-2002. His representation was not decided by the Assistant Registrar and therefore he filed Writ Petition No. 49703 of 2002. The said writ petition was disposed of by this Court on 24-4-2003 with a direction to the Assistant Registrar to decide the application of Sri Anant Prasad Gupta dated 19-10-2002. 8. The Assistant Registrar in compliance of the order passed by this Court passed an order dated 11-7- 2003 wherein he held that the renewal certificate is not issued to any particular person but is issued in favour of the society. He rejected the application of Sri Anant Prasad Gupta dated 19-10-2002 and proceeded further to pass an order directing Sri Raghuvansh Pandey to hold fresh elections of the Committee of Management. Feeling aggrieved by the order of the Assistant Registrar dated 11-7-2003 Sri Anant Prasad Gupta filed Writ Petition No. 38895 of 2003 on 3-9-2003.
He rejected the application of Sri Anant Prasad Gupta dated 19-10-2002 and proceeded further to pass an order directing Sri Raghuvansh Pandey to hold fresh elections of the Committee of Management. Feeling aggrieved by the order of the Assistant Registrar dated 11-7-2003 Sri Anant Prasad Gupta filed Writ Petition No. 38895 of 2003 on 3-9-2003. In the said writ petition an interim order has been granted by this Court whereby the operation of the order dated 11-7-2003 passed by the Assistant Registrar has been stayed. During this period Sri Raghuvansh Pandey claims to have held fresh elections on 20-8-2003 and it is further stated that list of elected office bearers has also been registered under Section 4 of the Act. 9. The Vice-Chancellor, Sampurananand Sanskrit University by means of order dated 3-11-2003 recognized the Committee of Management of Nityanand Ved Mahavidyalaya, elected on 30-8-2003 with Sri Raghuvansh Pandey as its Secretary. However, the Vice-Chancellor of Sampurananand Sanskrit University, by means of order dated 17-5-2001 suspended the recognition which was granted to the Committee of Management with Sri Raghuvansh Pandey and directed that an enquiry be conducted in respect of the complaints made by certain persons of the Committee of Management. The enquiry was entrusted to one Sri Rajiv Ranjan Singh. 10. Surprisingly after more than two years i. e. on 3-11-2003 the Vice-Chancellor passed an order stating that the enquiry proceedings initiated under order dated 17-5-2001 are being cancelled and the Committee of Management elected on 20-8-2003 with Sri Raghuvansh Pandey as Manager be recognized. Subsequently the Vice-Chancellor again passed an order. By means of the said order dated 3-2-2004 the Vice-Chancellor, Sampurananand Sanskrit University set aside his earlier order dated 3-11- 2003 and recognized the Committee of Management with Sri Anant Prasad Gupta as the Manager. It is against this order dated 3-2-2004 that the Committee of Management with Sri Raghuvansh Pandey has filed Writ Petition No. 6114 of 2004. 11. Writ Petition No. 11832 of 2004 has been filed by the Committee of Management with Sri Raghuvansh Pandey as Manager against the order dated 1-3-2004 passed by the Vice-Chancellor, Banaras Hindu University whereby he has recognized the Committee of Management with Sri Anant Prasad Gupta as the Manager, in compliance of the directions issued by the Division Bench of this Court in Special Appeal No. 7143 of 2003 connected with Special Appeal No. 716 of 2003. 12.
12. From the facts as noticed herein above it is apparently clear that the parties have been litigating among themselves with regard to control over the society on the basis of various elections pleaded by them as stated above. 13. Sri Raghuvansh Pandey contends that he represents the lawful office bearers of the society inasmuch as the elections which were held on 19-9-1998, result whereof was declared on 21-9-1998 were held under the supervision of the Assistant Registrar as per direction of this Court in Writ Petition No. 31668 of 1995. There was not dispute with regard to the election of office bearers of the society so long as Sri Shambhu Nath who was elected Secretary was alive and the controversy has arisen only subsequent to his death in the year 2000. Sri Raghuvansh Pandey, however, claims that the term of the elected Committee of Management is 5 years and therefore, the Assistant Registrar rightly directed the elected office bearers to hold fresh elections vide order dated 11-7-2003. It is further submitted that fresh elections of the office bearers of the society have taken place on 20-8-2003 prior to the passing of the interim order by this Court in Writ Petition No. 38895 of 2003. On the basis of the aforesaid Sri Raghuvansh Pandey claims his right to be put in control of the society as well as of the degree colleges. He has challenged the order passed by the Vice-Chancellor, Sampurnanand Sanskrit University dated 3- 2-2004 on the ground of (i) violation of the principles of natural justice and (ii) the order being without jurisdiction inasmuch the Vice-Chancellor has no authority of law to review his earlier order dated 3-11- 2003. 14. The order passed by the Vice-Chancellor, Banaras Hindu University dated 1-3-2004 is being challenged by Sri Raghuvansh Pandey on the ground that the Vice-Chancellor has failed to record any finding in respect of legality or otherwise of the elections on 16-8-1998 as set up by Sri Anant Prasad Gupta despite the directions of this Court in the judgment and order dated 12-12-2003 passed in Special Appeal (Defective) No. 713 of 2003 connected with 716 of 2003 to the following effect : "the Vice-Chancellor while finding to know who is the Managing Body has to look into as to who is the Managing Body constituted in accordance with the rules of the society or association. " 15.
" 15. In support of Writ Petition No. 38895 of 2003 it is contended by Dr. R. K. Srivastava that this Court while passing the order dated 24-4-2003 had directed that : "if the renewal certificate is not cancelled nothing further will be required to be done by the Registrar. " 16. In view of the aforesaid it is contended on behalf of Sri Anant Prasad Gupta that the direction issued by the Assistant Registrar in his order dated 11-7-2003 to the effect that Sri Raghuvansh Pandey may hold fresh elections of the Committee of Management is wholly without jurisdiction and runs contrary to the directions issued by the Court. He, therefore, seeks quashing of the order dated 11-7-2003 passed by the Assistant Registrar. 17. On behalf of Sri Anant Prasad Gupta, it is further contended that the writ petitions filed by Raghuvansh Pandey against the order of Vice-Chancellor, Sampurnanand Sanskrit University and Vice- Chancellor, Banaras Hindu University are liable to be dismissed on the ground of availability of alternative remedy under the provisions of Section 68 of the State Universities Act and under the provisions of Section 5 (7) of the Banaras Hindu University Act, 1850 respectively. It is further contended that Sri Anant Prasad Gupta has already filed Original Suit No. 956 of 1998 which is pending before the Civil Judge (Senior Division), Varanasi. In the plaint filed in the suit it has been stated that Sri Shambhu Nath and Sri Shyam Lal Yadav (President of the Committee of Management of Sri Raghuvansh Pandey) had been removed from the membership of the general body in the year 1992. The said persons have not challenged the decision of the general body and therefore, they were not entitled to contest the elections. It is further submitted that according to the own case of Sri Raghuvansh Pandey he was included as member by Sri Shyam Lal (who himself was removed from the membership earlier), therefore, he is a ran outsider and had no right to hold elections or to contest the same. 18.
It is further submitted that according to the own case of Sri Raghuvansh Pandey he was included as member by Sri Shyam Lal (who himself was removed from the membership earlier), therefore, he is a ran outsider and had no right to hold elections or to contest the same. 18. From the facts which have been noticed hereinabove it is apparently clear that the parties have been litigating for a right to control the society as well as the institutions run by it right since 1995, various writ petitions and suit proceedings have been initiated by the parties for the said purpose and none of the Courts of law till date have adjudicated upon the legality or otherwise of the elections set up by the parties. The Vice-Chancellor of the two Universities have been passing orders recognizing one Committee of Management or the other only for the purposes of discharge of administrative functions. In the opinion of the Court the litigation between the parties must be brought to an end inasmuch as litigation between rival Committee of Managements, adversely affects the growth and teaching atmosphere of the institution. Therefore, a via media is to be worked out so that fresh elections from amongst valid members of the general body are held at the earliest. 19. However, before the Court proceeds to issue the said direction it would be worthwhile to consider the claim set up by the parties from time to time on the basis of their respective elections. According to Sri Raghuvansh Pandey the elections were held on 19-9-1998 under the supervision of the Assistant Registrar in which Sri Shambhu Nath was elected as the Secretary. Sri Shambhu Nath admittedly expired on 3-11-2000. After the death of Sri Shambhu Nath Sri Raghuvansh Pandey was elected as Secretary for the remaining term. The issue as whether Sri Raghuvansh Pandey was validly elected as Secretary on 15- 11-2000 after the death of Sri Shambhu Nath on 3-11-2000 remains undecided. It is worthwhile to mention that under proviso to Section 4 of the Societies Registration Act every change in the list of office bearers consequent to any election has to be notified to the Assistant Registrar.
It is worthwhile to mention that under proviso to Section 4 of the Societies Registration Act every change in the list of office bearers consequent to any election has to be notified to the Assistant Registrar. In absence of any such pleading of Sri Raghuvansh Pandey and in absence of any evidence on record to establish that any list subsequent to the death of Sri Shambhu Nath was registered under Section 4 of the Act on the basis of election dated 15-11-2000. The claim set up by Sri Raghuvansh Pandey has neither been decided nor accepted by any authority concerned. In such circumstances there is serious dispute as to whether Sri Raghuvansh Pandey could have held fresh elections of the office bearers of the society in the year 2003. 20. Further contrary to the aforesaid directions of this Court as per order dated 24-4-2003 referred to above passed in Writ Petition No. 38895 of 2003, the Assistant Registrar in his order dated 11-7-2003 directed Sri Raghuvansh Pandey to hold fresh elections of the Committee of Management. In the opinion of the Court such a direction issued by the Assistant Registrar was totally uncalled for and runs contrary to the direction issued by this Court, referred to above. Further having regard to the contention raised by Sri Anant Prasad Gupta that Sri Raghuvansh Pandey had been inducted as a member of general body by Sri Shyam Lal Yadav who had been removed from the membership of the general body, the legality or otherwise of the elections set up by Sri Raghuvansh Pandey is in serious dispute. 21. On the other hand Sri Anant Prasad Gupta claims to have held fresh elections on 16-8-1998. Admittedly the said elections have not been held under the supervision of the Assistant Registrar as was directed under the orders of this Court dated 21-10-1997 passed in Writ Petition No. 31668 of 1995. Sri Anant Prasad Gupta has, however, contended that since the Assistant Registrar was not holding the election, fresh independent elections were got held by the general body. It has further been contended on behalf of Sri Anant Prasad Gupta that in fact his Committee of Management initiated contempt proceedings against the Assistant Registrar for not holding the elections within time wherein the Assistant Registrar tendered unconditional apology. 22.
It has further been contended on behalf of Sri Anant Prasad Gupta that in fact his Committee of Management initiated contempt proceedings against the Assistant Registrar for not holding the elections within time wherein the Assistant Registrar tendered unconditional apology. 22. The issue, however, remains as to whether the general body could have held the elections dated 19- 9-1998 contrary to the orders of this Court. In the opinion of the Court the only course available to Sri Anant Prasad Gupta & Ors. was to seek appropriate clarification from this Court viz-a-viz. the order dated 21-10-1997 passed in Writ Petition No. 31668 of 1995, for the purpose of holding fresh elections. The general body on its own cannot conduct the elections contrary to the orders of this Court. This Court has therefore, holds that general body could not have held fresh elections dated 16-8-1998 and as such the elections set up by Sri Anant Prasad Gupta are not sustainable in the eye of law. 23. In view of the aforesaid neither the elections set up by Sri Raghuvansh Pandey nor the elections set up by Sri Anant Prasad Gupta can stand the test of scrutiny by this Court and it is in the interest of justice that the fresh elections of the office bearers of the Society as well as Committee of Management may be directed to be held by the Registrar Firms Societies and Chits, Lucknow within 3 months from the date a certified copy of this order is produced before the Registrar by any of the parties in exercise of powers under Section 25 (2) of the Societies Registration Act. 24. Counsel for the parties agree that both the parties shall appear before the Registrar Firms, Societies and Chits, U. P. at Lucknow on 17-2-2005. In order to initiate the process of the election as has been directed by this Court, the Registrar shall (a) publish a tentative list of the members of the general body entitled to participate in the election, and invite objections thereto, (b) decide the objections, if any, after affording opportunity of hearing to the parties concerned, (c) finalize the list of valid members of the general body and publish the same, (d) conduct the elections in accordance with the bye-laws of the Society. The aforesaid exercise be completed by the Registrar with 3 months. 25.
The aforesaid exercise be completed by the Registrar with 3 months. 25. The office bearers so elected shall constitute the Committee of Management of both the Degree Colleges within two weeks thereafter and the Committee of Management so constituted shall be duly intimated to the Vice-Chancellors of the Universities for appropriate action. 26. For a period of four months from today the parties shall maintain status quo with regard to office bearers of the Committee of Management of the respective institutions. It is understood that no policy decision shall be taken for the period of four months from today. It is needless to point out that the elections so held shall abide by the result of the Suit filed by Sri Anant Prasad Gupta. With the aforesaid directions the writ petitions stand disposed of. Direction issued.