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2011 DIGILAW 53 (ALL)

Managing Committee, National Inter College, Fatehpur, Barabanki and Others v. Deputy Registrar, Firms, Societies and Chits, Faizabad Division, Faizabad and Others

2011-01-07

SHRI NARAYAN SHUKLA

body2011
Hon’ble Shri Narayan Shukla,J.—Heard Mr.Sharad Pathak, learned counsel for the petitioners and Mr.Kshemendra Shukla, learned counsel for the opposite parties. 2. The petitioners have challenged the order dated 21st of July, 2009, passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad, whereby the meeting dated 7th of February, 2009 of the Executive Body of the Committee of Management of the Institution has been validated and in terms of the said meeting the list of office bearers of the Committee of Management for 2009-10 has been registered. In its meeting dated 7th of February, 2009, the Committee of Management by means of majority decision resolved to remove Mr.Saroj Kumar Jain from the office of the President as well as Smt. Suman Singh from the office of Manager of the Committee of Management due to their anti management activities in exercise of power provided under clause 13 of the Regulations of the Managing Committee of the Institution. Clause 13 is extracted below:- “If any member of the Managing Committee, is guilty of any act of commission or omission prejudicial to the interest of the institution in the opinion of the majority of the members of the Managing Committee, the later will remove him and replace him by another suitable member” 3. There is a charge against the President of the Committee of Management that he failed to call upon the meeting time to time as is required under the Bye-Laws and he did not take interest in the activities of the Institution. He also over-looked the financial irregularities committed by the Manager Smt. Suman Singh for vested interest. 4. Against Smt. Suman Singh, Manager of the Committee of Management there is a charge for misappropriation of money. The petitioners have raised finger over the procedure adopted for meeting as according to them neither any Agenda was issued for meeting nor notice was served to them. Further no such meeting took place. They also invited attention towards the contrary statement of Peon, who firstly accepted holding of meeting in the premise of College, but subsequently denied the same. The petitioners have raised finger over the procedure adopted for meeting as according to them neither any Agenda was issued for meeting nor notice was served to them. Further no such meeting took place. They also invited attention towards the contrary statement of Peon, who firstly accepted holding of meeting in the premise of College, but subsequently denied the same. It is also stated by the petitioners that it is power of the President, to call upon the meetings of the Managing Committee, whenever he considers necessary, in absence of which only the General Body is empowered to call upon the meeting, but in this case neither the meeting was called upon by the President nor by the General Body. 5. The petitioners’ objection raised before the Deputy Registrar, Firms, Societies and Chits has been brought on record as Annexure No.20, upon perusal of which I find that they raised several irregularities in holding the meeting, but upon perusal of the order impugned, I find that the Deputy Registrar, Firms, Societies and Chits has failed to discuss any irregularity as pointed out by the petitioners in holding the meeting. He has upheld the minutes of the meeting only on the ground that the majority of the members in the ratio of 4/3 have taken the decision to remove petitioners, therefore, it establishes that the meeting for their removal has been held in accordance with the Bye-laws of the Society. Thus only on the basis of presumption, he has passed the order without discussing the objection raised by the petitioners. 6. Though the respondents have made efforts to defend the order passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad by submitting that the meeting took place in accordance with law, but since nothing has been discussed by the Deputy Registrar, Firms, Societies and Chits, Faizabad, I am of the view that the order is without application of mind and being so is unsustainable, therefore, I hereby quash the order impugned dated 21st of July, 2009, passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad with the direction to the Deputy Registrar to take a fresh decision in the matter after considering the objection raised by the parties. 7. With the aforesaid observations and directions the writ petition is disposed of finally. _____________