PRABHAT KUMAR v. ASSTT. REGISTRAR, FIRMS, SOCIETIES AND CHITS, ALLAHABAD
2007-02-20
S.P.MEHROTRA
body2007
DigiLaw.ai
JUDGMENT Hon’ble S.P. Mehrotra, J.—The dispute in the present Writ Petition pertains to registration under Section 4 of the Societies Registration Act, 1860 in respect of List of Managing Body of the Society, namely, Shyam Sunder Ganga Bridge Mission Prayag, Phaphamau, Allahabad, stated to be registered under the Societies Registration Act, 1860 (here-in-after also referred to as "the Act”). 2. It appears that Annual List of the Managing Body of the aforesaid Society for the year 2001-2002 was registered under Section 4 of the Act. 3. Copy of the said List has been filed as Annexure 2 to the Amended Writ Petition. 4. It further appears that on the basis of certain alleged proceeding dated 16.6.2002, it was alleged that five Members of the Managing Body had resigned and five new Members had been enrolled in the Managing Body, and accordingly, the List of Members of the Managing Body for the year 2002-2003 was submitted. The said List was initially approved by the Assistant Registrar, Firms, Societies and Chits, Allahabad on 30.9.2002. 5. Copy of the said List has been filed as Annexure 6 to the Amended Writ Petition. 6. It further appears that by the order dated 9.6.2003, the Assistant Registrar, Firms, Societies and Chits, Allahabad held the said List for the year 2002-2003 (Annexure 6 to the Amended Writ Petition), as invalid, and directed for submission of fresh List of the Managing Body on the basis of the situation existing prior to 16.6.2002. 7. Copy of the said order dated 9.6.2003 has been filed as Annexure 25 to the Amended Writ Petition. 8. It further appears that for the year 2003-2004, the List of the Members of the Managing Body was registered on 17.6.2003. 9. Copy of the said List has been filed as Annexure 26 to the Amended Writ Petition. 10. Further by the order dated 30.10.2003 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad, the enforcement of the said List dated 17.6.2003, was stayed. 11. Copy of the said order dated 30.10.2003 has been filed as Annexure 8 to the Amended Writ Petition. 12. It may be mentioned that the said order dated 30.10.2003 was passed on the basis of the alleged proceeding dated 16.6.2002. 13.
11. Copy of the said order dated 30.10.2003 has been filed as Annexure 8 to the Amended Writ Petition. 12. It may be mentioned that the said order dated 30.10.2003 was passed on the basis of the alleged proceeding dated 16.6.2002. 13. It further appears that by the order dated 31.12.2003 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad the said order dated 30.10.2003 (Annexure 8 to the Amended Writ Petition) was vacated, and the List of the Managing Body registered on 17.6.2003 (Annexure 26 to the Amended Writ Petition) for the year 2003-2004, was restored. 14. Copy of the said order dated 31.12.2003 has been filed as Annexure 30 to the Amended Writ Petition. 15. Thereafter, the present Writ Petition has been filed by the petitioner, inter alia, praying for quashing the said order dated 31.12.2003 (Annexure No. 30 to the Writ Petition). 16. I have heard Dr. S.B. Maurya, learned Counsel for the petitioner and Dr. Daya Shankar, learned Counsel for the respondent No. 2/1. Learned Standing Counsel appearing for the respondent No. 1 has also been heard. 17. Dr. S.B. Maurya, learned Counsel for the petitioner states that due to subsequent developments consequent to the death of Bhagwan Prasad Gupta, who had been alleged to have signed the proceeding dated 16.6.2002, the petitioner has no longer any grievance against the said impugned order dated 31.12.2003 (Annexure 30 to the Amended Writ Petition). 18. Dr. S.B. Maurya, learned Counsel for the petitioner further states that the petitioner is agreed that fresh elections of the society may be held, as per the List dated 17.6.2003 (Annexure 26 to the Amended Writ Petition) approved by the said order dated 31.12.2003 for the year 2003-2004. 19. It may be mentioned that the said List dated 17.6.2003 (Annexure 26 to the Amended Writ Petition) for the year 2003-2004, copy of which has also been filed as Annexure C.A.9 to the Counter-affidavit filed on behalf of the respondent No. 2/1, is based on the state of affairs, as existing prior to the alleged proceeding dated 16.6.2002. 20. Dr. Daya Shankar, learned Counsel for the respondent No. 2/1 states that the respondent No. 2/1 has no objection if the fresh elections of the Society are held in accordance with the List dated 17.6.2003 (Annexure 26 to the Amended Writ Petition Annexure C.A.-9 to the Counter-affidavit). 21.
20. Dr. Daya Shankar, learned Counsel for the respondent No. 2/1 states that the respondent No. 2/1 has no objection if the fresh elections of the Society are held in accordance with the List dated 17.6.2003 (Annexure 26 to the Amended Writ Petition Annexure C.A.-9 to the Counter-affidavit). 21. Learned Counsel for both the sides further state that fresh elections of the Society are due, and the same may be held expeditiously, preferably within a period of three months from today in accordance with law and the relevant rules and bye-laws of the Society. 22. In view of the statements made and the agreed stand taken by the learned Counsel for the parties, it is not necessary for this Court to go into the merits of the impugned order dated 31.12.2003 (Annexure 30 to the Amended Writ Petition). 23. Therefore, this Court is disposing of the Writ Petition, without going into the merits of the impugned order dated 31.12.2003, giving following directions in view of the statements made and the agreed stand taken by the learned Counsel for the parties: 24. Let fresh elections of the Society in question, if due, be held, as per the aforesaid List dated 17.6.2003 (Annexure 26 to the Amended Writ Petition. Annexure C.A.9 to the Counter-affidavit), in accordance with law and the relevant rules and bye-laws of the Society in question expeditiously, preferably within a period of three months from today. 25. It is made clear that in case, for any year subsquent to the year 2003-2004, any List different from the aforesaid List dated 17.6.2003 (Annexure No. 26 to the Amended Writ Petition Annexure CA 9 to the Counter-affidavit), has been registered in respect of the Society in question, the aforesaid directions will not be operative. In such a situation, the aforesaid Writ Petition would stand dismissed without any further directions. ————