ITTAHADUL MUSLEMEEN MAKTAB ISLAND SCHOOL v. REGISTRAR FIRMS SOCIETIES AND CHITS U P
2009-01-12
RAJIV SHARMA
body2009
DigiLaw.ai
Heard Sri D. P. Dwivedi, learned counsel for the petitioners and learned Standing Counsel. 2. In the instant writ petition, the petition ers have assailed the order dated 14-5-2008 passed by the Deputy Registrar, Firms, Soci eties & Chits, Faizabad, on the complaint of opposite party No. 3-Mohd. Kalam Khan and the order dated 10-10-2008, passed by oppo site party No. 1 whereby the dispute has been referred under Section 25 of the Societies Registration Act to the Prescribed Authority. 3. In short the facts of the case as averred in the writ petition are that petitioner No. 1-Ittahadul Muslemeen Maktab Islami School Society is a society registered under the Soci eties Registration Act, 1860 and it was renewed from time to time. The petitioner No. 2, who is the founder member of the society, is said to be the Manager of the Society. The affairs of the Society as well as the schools run and managed by the said Society are governed by the Bye-laws which are duly registered. Dur ing the period 9-2-2003 to 9-2-2008, Fazlul Haque was the President and Farid Ahmad was the Manager of the Society. On 28-12-2005, Farid Ahmad expired. 4. According to the bye-laws of the Soci ety, the membership of a member ceased to exists after his death. Thus, after the death of Farid Ahmad, his membership was ceased to exist and according to the procedure as laid down in the bye-laws, Shri Badrul Hasan, the Assistant Manager, was given the Charge of the Manager for the residual term of the Com mittee of Management. On 5-1-2008, election for electing the office bearers of the Commit tee of Management was held in which, Fazlul Haque was elected as Manager and Abrar Hussain as President. Thereafter, an applica tion for renewal of registration of the Society was submitted to the Registrar, Firms, Societies and Chits, U. P. , Lucknow through its Manager Fazlul Haque, to which no objection was filed by any person and as such, the petitioners society was renewed on 18-2-2008 for a period of five years from 9-2-2008 to 9-2-2013 by the Registrar. Subsequently, on 10-3-2008, the opposite party No. 3 made a complaint to the Deputy Registrar, to which, reply along with the relevant documents were filed by the petitioner on 11-4-2008. 5.
Subsequently, on 10-3-2008, the opposite party No. 3 made a complaint to the Deputy Registrar, to which, reply along with the relevant documents were filed by the petitioner on 11-4-2008. 5. According to the petitioners, while the petitioner No. 2 was on the way to Sultanpur on 25-1-2008, his bag was lost, in which there were several documents along with the regis tration certificate. Thereafter, the Deputy Reg istrar, vide order dated 14-5-2008, decided the complaint of the opposite party No. 3, observ ing therein that the registration granted on an application of the petitioner, and the renewal was granted on the basis of election held on 15-2-2006 by opposite party No. 3. Thereaf ter, the petitioners made a complaint under Section 24 of the Societies Registration Act against the opposite parties Nos. 2 and 3 be fore the Registrar, Firms, Societies and Chits, Lucknow on 28-6-2008, to which, notices were issued and both the parties have filed their respective reply as well as documentary evidence. The Registrar, after perusing all the documents, which were placed on record and after hearing both the parties, decided the com plaint of the petitioner on 10-10-2008, wherein the Registrar has observed that Fazlul Haque Khan has never been ousted from the Society and the dispute in the present matter is related to the post of Manager of the Society and as such, directed the Up-Ziladhiakari to decide the dispute under Section 25 of the Societies Registration Act as the matter is related to elec tion of the Manager. Feeling aggrieved, the pe titioners have preferred the instant writ peti tion. 6. Learned counsel for the petitioners has submitted that the dispute in the matter re garding the existence of Registration of the Society, but it does not involve any dispute regarding election to the post of Manager and as such, the order passed by the Registrar to the extent that the matter involve election of the Manager is against the facts and law.
He has submitted that, at the time of submitting the application for renewal of registration, the name of Badrul Hasan Khan and late Mueed Ahmad Khan was not there and in their place, the name of Sri Haleem Khan and Sri Lallan Khan was there but after the society was reg istered for the period of five years i. e. from the years 1988 to 1993, both persons, namely, Haleem Khan and Lallan Khan resigned from the membership of the society and in their place, Sri Badrul Hasan Khan and late Mueed Ahmad were inducted as the members of the Society. Thus, both the above persons were the members of the Society since the incor poration of the society. 7. Learned counsel for the petitioner has further submitted that due to inadvertent er ror, the name of Badrul Hasan Khan and late Mueed Ahmad Khan has been got written as founder member of the Society. 8. On the other hand, learned Standing Counsel has submitted that the petitioners society was registered in the year 1987-88 but the list of office bearers as mentioned in para graph 2 of the writ petition showing them as founder members is not correct. Sri Badrul Hasan Khan has been shown as Assistant Man ager, whereas in the memorandum which was submitted at the time of registration, the name of Shri Haleem Khan finds place as Deputy manager. Similarly, at serial No. 7, the name of Shri Muid Ahmad Khan is mentioned as treasurer whereas in the memorandum, which was submitted at the time of registration, the name of Shri Kalian Khan finds place as treasurer. 9. The Act requires that a Society is to be formed by a memorandum of association and registration by at least seven persons associ ated with the society. The memorandum of association is to contain the name of the soci ety, the objects of the society, and the names, addresses and occupations of governors, coun cil, directors committee, or other governing body to whom, by the rules of the society the management of its affairs is entrusted. A copy of the rules and regulations of the governing body, is to be filed with the memorandum of association.
A copy of the rules and regulations of the governing body, is to be filed with the memorandum of association. When such memorandum and certified copy of the rules with the required particulars are presented by the Secretary of the Society before the Registrar, he shall cer tify under his hand that the society is regis tered under this Act. A registration fee is to be paid for this purpose. Section 3-A of this Act speaks of renewal of certificate of registration. Once a society is registered and a certifi cate of registration is issued, it would remain in force for a period of five years from the date of issue. If any question arises whether any society is entitled to get itself registered in accordance with Section 3 or to get the cer tificate of registration renewed, the matter shall be referred to the State Government, as pro vided in Section 3-B of the Act. Section 4 of the Act requires that once in every year, on or before the fourteenth day succeeding the day which, according to the rules of the society, the annual general meeting of the Society is to be held, or if the rules do not provide for an annual general meeting in the month of Janu ary, a list of members shall be filed with the Registrar giving the names, addresses and occupations of the governors council, directions committee or other governing body then entrusted with the management of the affairs of the Society. 10. It would also be useful to reproduce Section 25 of the Act, which is relevant in the present controversy and it reads as under:- "25.
10. It would also be useful to reproduce Section 25 of the Act, which is relevant in the present controversy and it reads as under:- "25. Disputes regarding election of office bearers- (1) The prescribed authority may, on a ref erence made to it by the Registrar or by at least one fourth of the members of a society registered in Uttar Pradesh, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in of fice of an office bearer of such society, and may pass such orders in respect thereof as it deems fit: Provided that the election of an office bearer shall be set aside where the prescribed authority is satisfied- (a) that any corrupt practice has been com mitted by such office bearers; or (b) that the nomination of any candidate has been improperly rejected; or (c) that the result of the election in so far it concerns such office bearer has been materi ally affected by the improper acceptance of any nomination or by the improper reception of any vote which is void or by any non com pliance with the provisions of any rules of the society.
Explanation I- A person shall be deemed to have committed a corrupt practice who, di rectly or indirectly, by himself or by any other person- (i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any elector to give or to re frain from giving a vote in favour of any can didate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election; (ii) with a view to inducing any elector to vie or to refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand, as or to withdraw or not to withdraw from being, a candidate at the election, offers or gives any money, or valu able consideration, or any place or employ ment, or holds out any promise of individual advantage or profit to any person; (iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts speci fied in Clauses (i) and (ii) (iv) induces or attempts to induce a candi date or elector to believe that he, or any per son in whom he is interested, will become or will be rendered an object of divine displea sure or spiritual censure; (v) canvasses on grounds of caste, com munity, sect or religion; (vi) commits such other practice as the State Government may prescribe to be a cor rupt practice, Explanation IIA "promise of individual ad vantage or profit to a person" includes a prom ise for the benefit of the person himself, or of any one in whom he is interested. Explanation III-The State Government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this Act or in the rules of the society.
Explanation III-The State Government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this Act or in the rules of the society. (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 con tinue in office or where the Registrar is satis fied that any election of office- bearers of a society has been not held within the time speci fied 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 bear ers, and such meeting shall be presided over and be conducted by the Registrar or by any officer authorized by him in this behalf, and the provisions in the rules of the society relat ing to meetings and elections shall apply to such meeting and election with necessary modifications. (3) Where a meeting is called by the Regis trar under sub section (2), no other meeting shall be called for the purpose of election by any others authority or by any person claim ing to be an office bearer of the society. Explanation-For the purposes of this sec tion, the expression "prescribed authority" means an officer or court authorized in this behalf by the State Government by notifica tion published in the official Gazette. " 11. The provisions of Section 25 of the Act as is amended by the State Legislature pro vides comprehensive code and creates desig nated forum or the Tribunal for adjudication in a summary manner of all disputes or doubts in respect to the election or continuance in office of the office bearers of the Society, (e. s.) There is no other provision, express or other wise, providing for determination of such dis putes specifically. It is settled law that where, as here, the legislature creates a specific forum and lays an exhaustive procedure for de termination of a particular class of disputes in respect of matters covered by the statute. Such disputes can be determined only in that forum and in the manner prescribed thereunder and not otherwise.
It is settled law that where, as here, the legislature creates a specific forum and lays an exhaustive procedure for de termination of a particular class of disputes in respect of matters covered by the statute. Such disputes can be determined only in that forum and in the manner prescribed thereunder and not otherwise. If, therefore, a dispute is raised with regard to the election or continuance in office of an office-bearer of a society regis tered in Uttar Pradesh, the same, has to be decided only by the Prescribed Authority un der Section 25 (1 ). 12. It is important to add that if a dispute of the nature covered by Section 25 is raised be fore the Registrar in connection with the sub mission of annual list under Section 4 (1) of the Act, the same must, in view of the Legis lative mandate embodied in Section 25 (1), be referred by him to the Prescribed Authority. 13. In view of the above settled legal posi tion, the submissions of the petitioner that the Registrar has erred in referring the matter to the prescribed Authority under the impression that dispute involves the election for the post of manager whereas the dispute related to the renewal of the society has no force. In the present case both Fazlul Haque and Kalam are claiming themselves to be the validly elected Manager of the Institution and have filed cer tain affidavits in this regard. As averred above, a forum has been provided for adjudication in a summary manner of all disputes or doubts in respect to the election or continuance in office of the office bearers of the Society. 14. Accordingly, the writ petition is dis missed. However, it is provided that the Pre scribed Authority shall decide the matters so referred to him, expeditiously, within a period of three months strictly in accordance with law and after giving reasonable opportunity of hearing to all the interested parties and con sidering the documentary evidence to be pro duced by the parties. Petition dismissed. .