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2009 DIGILAW 2600 (ALL)

HARENDRA SINGH CHADDHA v. STATE OF U. P.

2009-07-20

DEVI PRASAD SINGH

body2009
JUDGMENT Hon’ble Devi Prasad Singh, J.—Heard the learned counsel for the petitioner. 2. The short question involved in the present petition is as to whether after expiry of period of the term of committee of management under Rule, the Registrar has got power to permit the Committee of Management to hold election. According to the petitioner, the elections can be held by the Assistant Registrar himself according to provisions of Section 25(2) of the Societies Registration Act. The election was held on 16.5.2004. The term expired on 16.5.2007. Accordingly, the submission of the counsel for the petitioner is that the Registrar is to hold election of Sri Guru Singh Sabha Gurudwara Road, Saharanpur in pursuance to power conferred of Section 25(2) of the Societies Registration Act. The petitioner had filed writ petition No. 63817 of 2007 (Harendra Singh Chaddha v. State of U.P. and others) before this Hon’ble Court which was decided finally by the order dated 20.12.2007. Operative portion of judgment is being produced hereunder : “In view of the above, writ petition is disposed of with the direction to the Assistant Registrar to consider and dispose of the representation of the petitioner, Annexure-7 to the writ petition expeditiously preferably within a period of six weeks from the date of presentation of the certified copy of the order.” 3. In pursuance to order dated 28.12.2007 (supra), while passing the impugned order the Assistant Registrar admits that the terms of Committee of Management expired but directed that the Committee of Management which was elected in the year 2004 and term expired may hold the election. 4. Observation made by Registrar seems to be not correct. In a case reported in 1985 UPLBEC 1045, Managing Committee of Sri Brajendra Jat Higher Secondary School Society and another v. District Inspector of Schools and another, the Division Bench of this Hon’ble Court had observed that after expiry of term of the Management Committee the Registrar lacks jurisdiction to entrust the ejection to the Committee of Management whose terms is expired to hold the election. Relevant para 20 and 21 of the judgment is reproduced as under : “20. Relevant para 20 and 21 of the judgment is reproduced as under : “20. That respondent No. 3 recorded its satisfaction that the term of Committee of Management has expired in the year 2007, but at the same time directed the respondent No. 4 to hold elections within a period of two months from the date of the impugned order, which is manifestly erroneous and, as such, is liable to be quashed. 21. That once the respondent No. 3 is satisfied with the fact that the term of the society has already expired, no election can be held by the aforesaid Committee and it is only the Assistant Registrar/respondent No. 3 who has the power to hold the elections under Section 25 (2) of the Societies Registration Act.” 5. In one another case reported in 1983 UPLBEC 91, U.P. Olympic Association and another v. Registrar, Firms, Societies and Chits Funds and others, a Division Bench of this Hon’ble Court had observed that in case the term of the Committee of Management expired and fresh election of office bearers has not been held within time specified, Registrar has power to convene election meeting. 6. In case, reported in 2000(1) AWC 1989. The Division Bench of this Hon’ble Court had retreated the aforesaid portion of law with regard to power of Registrar under Section 25(2) of the Act. 7. In the case 2002 (1) AWC 771 , Sewa Samiti, Allahabad and another v. Assistant Registrar, Firms, Societies and Chits, Allahabad and another, the Single Judge of this Hon’ble Court had held that after expiry of term of Management Committee nobody except the Registrar has got the power to hold the election in pursuance to provision contained in Section 25(2) of the Societies Registration Act. The relevant portion of the judgment is being produced hereunder : "Admittedly on 31.8.1997 last elections were held and since the term of three years has come to an end on 30.8.2000, therefore, in view of the provisions of Section 25(2) of the Societies Registration Act, as amended in the State of U.P. now nobody has a right to hold the election except the Registrar." 8. Aforesaid proposition of law has been retreated from time to time by this Court. It hall appropriate to produce Section 25(2) of the Societies Registration Act which is as under : "25. Aforesaid proposition of law has been retreated from time to time by this Court. It hall appropriate to produce Section 25(2) of the Societies Registration Act which is as under : "25. (2) Where by an order made under sub-section (1), an election is set aside or an office-bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office-bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office-bearer or office-bearers, and such meeting shall he presided over and be conducted by the Registrar or by any officer authorised by him in this behalf, and the provisions in the rules of the society relating to meeting and elections shall apply to such meeting and election with necessary modifications." The plain reading of Section 25(2) indicates that after expiry of term of the Management Committee the office bearer of Committee of Management shall loss their right to hold the election. The word “meeting” used by legislatures has got mandatory force. Here the meeting should be treated as having mandatory force. 9. Now it is settled law that it is in appropriate case, the meaning of word ‘may’ may be taken as mandatory;- While interpreting the provision contained under Section 25 (2) in case word ‘may’ is not given mandatory effect then it shall frustrate the very purpose of the provision. If a Committee of Management whose terms has been expired is permitted to hold the election even after inordinate delay and after expiry of term like in the present case, may be on direction of Registrar then it shall amount to extend the period of Committee of Management which seems to be not permissible. In case, the Committee of Management is permitted to discharge this duty after expiry of term in violation of statutory provision (supra) it shall amount to extension of period for which it was elected. 10. In view of the above, the impugned order passed by the respondent No. 3/Assistant Registrar, Firms, Societies and Chits, Saharanpur seems to be not sustainable. The writ petition deserves to be allowed and is allowed. 11. 10. In view of the above, the impugned order passed by the respondent No. 3/Assistant Registrar, Firms, Societies and Chits, Saharanpur seems to be not sustainable. The writ petition deserves to be allowed and is allowed. 11. Accordingly issue a writ in the nature of certiorari is quashing the impugned order dated 28.2.2008 contained in Annexure 1 to the writ petition. A writ in the nature of mandamus is also issued directing the respondent No. 3/Assistant Registrar, Firms, Societies and Chits, Saharanpur to hold the election of the Committee of Management of Sri Guru Singh Sabha, Gurudwara Road, Saharanpur in accordance with law, expeditiously and preferably within four months from the date of receipt of certified copy. 12. Till the election of Committee of Management is held the Sub-Divisional Magistrate or his nominee shall work as receiver to do routine work. 13. The writ petition is allowed accordingly. Costs easy. ————