Research › Search › Judgment

Allahabad High Court · body

2008 DIGILAW 1809 (ALL)

COMMITTEE OF MANAGEMENT v. RAMA SHANKER SINGH

2008-08-28

ARUN TANDON, ASHOK BHUSHAN

body2008
JUDGMENT By the Court.—With the consent of the learned Counsel for the parties, the special appeal is being decided today without calling for further affidavits. 2. This intra Court special appeal has been preferred against the last but one paragraph of the judgment of the Hon’ble Single Judge dated 7.8.2008 passed in writ petition No. 30809 of 2008, wherein the learned Single Judge has made it open for the writ petitioners to file their objections in respect of the elections of the office bearers of the Society, held under the control and supervisions of the Assistant Registrar, Firms, Societies and Chits, Azamgarh before respondent No. 4 i.e. the Registrar, Firms, Societies and Chits, U.P., Lucknow. It has further been provided that objections so filed may be decided by the respondent No. 4 on the basis of relevant record by means of a reasoned and detailed order. 3. Counsel for the appellants contend that such direction of the High Court virtually amounts to conferring a jurisdiction not vested in the authority concerned. The contention so raised on behalf of the appellants is opposed by the learned Counsel for the writ petitioners/respondent Nos. 1 to 5. It is submitted that since elections, held by the Assistant Registrar, were not in accordance with the approved bye-laws of the Society and further in violation of the order of this Court dated 19.3.2008, the learned Single Judge has rightly directed the Registrar, Firms, Societies and Chits, U.P., Lucknow to examine the grievances of the writ petitioners and pass a reasoned order. 4. We have heard learned Counsel for the parties, as well as learned Counsel for the writ petitioners. Facts relevant for deciding this appeal are : 5. The Prescribed Authority, in a reference under Section 25(1) of the Societies Registration Act, 1860, by means of the order dated 27.10.2007, held that elections set by both the parties of the year 2004 have not taken place in accordance with the bye-laws of the Society. He proceeded to record that both the elections held on 26.8.2004 and on 21.9.2004 were invalid. The Assistant Registrar, Firms, Societies and Chits, Azamgarh, in exercise of his power under Section 25(2) of the said Act proceeded to hold fresh elections and notified the election programme accordingly. He proceeded to record that both the elections held on 26.8.2004 and on 21.9.2004 were invalid. The Assistant Registrar, Firms, Societies and Chits, Azamgarh, in exercise of his power under Section 25(2) of the said Act proceeded to hold fresh elections and notified the election programme accordingly. The writ petition filed against the said order was dismissed by this Court vide order dated 19.3.2008 with a further direction that elections be held after enrollment of new members. 6. The Assistant Registrar in exercise of delegated powers of the Registrar under Section 25(2) is stated to have held fresh elections without enrollment of new members from alive life members only. 7. The elections so held were challenged by the writ petitioners in the Writ Petition No. 30809 of 2008, wherein the impugned direction has been issued for approaching the Registrar, Firms, Societies and Chits, Azamgarh. 8. In our opinion, the Assistant Registrar, Firms, Societies and Chits, Azamgarh has held election in exercise of power under Section 25(2) subsequent to order dated 27.10.2007 passed by the Prescribed Authority under Section 25(1). Only two forums are left open to the aggrieved party to challenge the election so held (a) by way of Reference under Section 25(1) by 1/4th of the total members of the General Body and (b) by way of Civil Suit. 9. The Registrar, Firms, Societies and Chits, U.P., Lucknow has no authority to interfere in the matter, once the election process has been completed. It is to be noticed that the Assistant Registrar, Firms, Societies and Chits, Azamgarh exercises delegated powers of the Registrar, Firms, Societies and Chits, U.P., Lucknow under Section 25(2) of the Societies Registration Act. Once the delegatee Assistant Registrar, Firms, Societies and Chits, Azamgarh has exercised the power, there remains nothing to be adjudicated or to be decided by the Principal i.e. Registrar. Reference be had to the judgment of the Hon’ble Apex Court reported in AIR 1963 SC 1503 , Roop Chand v. State of Punjab and another. The relevant portion whereof is quoted hereunder : “The question then arises, when the Government delegates its power, for example, to entertain and decide an appeal under Section 21(4), to an Officer and the Officer pursuant to such delegation hears the appeal and makes an order, is the order an order of the officer or of the Government? The relevant portion whereof is quoted hereunder : “The question then arises, when the Government delegates its power, for example, to entertain and decide an appeal under Section 21(4), to an Officer and the Officer pursuant to such delegation hears the appeal and makes an order, is the order an order of the officer or of the Government? We think it must be the order of the Government.....” “When the delegate exercises the power, he does so for the Government.......” 10. A Division Bench of this Court in the case of Arya Pratinidhi Sabha, U.P. and another v. Registrar, Firms, Societies and Chits, U.P. and another, reported in High Court Views Daily (All) 1992 (II) pg 235 has held that if the assignee Assistant Registrar/Deputy Registrar has been authorised for any particular matter or case the Registrar cannot exercise any supervisory or superintending power. Ref : Para 23 of the judgment which reads as follows : "23. A bare reading of Section 21 of the Act shows that once the State Government empowers Joint Registrar, Deputy Registrar or Assistant Registrar with powers of the Registrar, all of them become coordinate authorities equal in rank for exercising powers under the Act. Registrar appointed by the State Government is the nexus statutory authority. Once he assigns any particular matter or a case of a particular society to any Joint Registrar, Deputy Registrar or Assistant Registrar (coordinate authorities of the Registrar), the Registrar cannot exercise any supervisory or superintending powers over the Joint Registrar, Deputy Registrar or Assistant Registrar”. 11. In view of the aforesaid legal position, we are of the considered opinion, that the Hon’ble Single Judge was not justified in providing a remedy by way of representation before the Registrar, Firms, Societies and Chits, U.P., Lucknow to the writ petitioners against the elections held by the Assistant Registrar, Firms, Societies and Chits, Azamgarh as it amounts to conferring a jurisdiction not vested in the authority. 12. The other objection raised on behalf of respondent Nos. 1 to 5 to the effect that the appellant’s have no locus to challenge the impugned order has to be rejected in view of the reasons recorded by us in the order granting Leave to Appeal to the appellants to file the present special appeal. 13. 12. The other objection raised on behalf of respondent Nos. 1 to 5 to the effect that the appellant’s have no locus to challenge the impugned order has to be rejected in view of the reasons recorded by us in the order granting Leave to Appeal to the appellants to file the present special appeal. 13. We, therefore, set aside the last but one para of the judgment and order of the Hon’ble Single Judge dated 7.8.2008 and substitute the same by providing that if the petitioners feel aggrieved by the election held by the Assistant Registrar, Firms, Societies and Chits, Azamgarh, it will be open for them to make a Reference under Section 25(1) of the Societies Registration Act, 1860 before the Prescribed Authority or to file a civil suit. 14. In the facts and circumstances of the present case, it further provided that if any such reference is made within a period of one month from today, the Prescribed Authority shall decide the same in accordance with law as early as possible. 15. With the aforesaid observations, the special appeal is allowed. ————