Committee of Management, Munshi Ramsukh Uchhattar Madhyamik Vidyalaya v. State of U. P.
2015-09-14
ANANT KUMAR, SATYENDRA SINGH CHAUHAN
body2015
DigiLaw.ai
JUDGMENT Heard the learned Counsel for the appellants, learned Counsel for the respondents and perused the record. 2. This appeal has been filed against the interim order dated 3-8-2015, passed by the learned Single Judge in Writ Petition No. 4437 (MS) of 2015, Committee of Management, Munshi Ramsukh Uchhattar Madhayamik Viddayalaya & Ors. v. State of U.P. & Ors. The order has been challenged, inter alia, on the ground that if the learned Single Judge was of the view that the tentative membership ought to have been published, then the matter should have been remanded to the Deputy Registrar, instead of granting interim order. The learned Counsel for the appellants further challenged the order on the ground that when the term of the Committee had expired in the year 2011, which is not in existence at the moment then the time barred Committee of Management would not be entitled to induct the members of the Society. 3. The last election of the Committee of Management was held in the year 2008. The list of the elected office bearers was filed under Section 4 of the Societies Registration Act before the Deputy Registrar, Firms, Societies and Chits. The validly elected Committee of Management came into being and started functioning since 2008. The term of the elected Committee of Management was till 2011. As per the bye-laws of the Society, the term of the Committee of Management had expired in the year 2011. After the year 2011, certain new members were inducted by the respondents. The appellants filed objection to the very induction of those members and the Deputy Registrar proceed to recall the said induction. The appellant alongwith the objection filed a list of 39 members, which was accepted and the said order was challenged in the writ petition before the learned Single Judge. 4. The question before the Court is as to whether the time barred Committee of Management can proceed to exercise the powers vested in the Committee of Management. The term of validly elected Committee of Management had expired in the year 2011. The time barred Committee of Management, therefore, was not having any right to induct any member in the year 2015. The respondents were also not having any right to induct any member in the Committee of Management which was time barred.
The term of validly elected Committee of Management had expired in the year 2011. The time barred Committee of Management, therefore, was not having any right to induct any member in the year 2015. The respondents were also not having any right to induct any member in the Committee of Management which was time barred. The dispute in regard to the induction of new members in the present scenario should not be permitted to prolong. If we allow the process of election with members who were inducted by the time barred Committee of Management, then it would be an invalid process and the election would not be possible in accordance with law. There is no dispute between the parties that there was any induction of the membership between the year 2008 to 2011. The Committee of Management was validly elected in the year 2008. Once the Committee of Management was validly elected then it has to be presumed that the valid members of the Committee of Management were existing at that particular point of time. The dispute between the parties is regarding induction of the members of their interest. The appellant as well as the respondents both proceeded to induct members on the assumption that the power is vested with them to induct the members. But in order to resolve the dispute, we have to consider the case that the dispute in regard to the induction of members may not come in the way of holding election. 5. Since there is no dispute in regard to the powers of Committee of Management whose term expired in the year 2011, the induction of members by either of the parties would be without authority of law and the time barred Committee of Management would not be able to undertake such exercise. The question of inviting objection to the list of members would arise when there was a power to induct members after the expiry of the term of the validly elected Committee of Management. 6. We, therefore, find that neither the members inducted by the appellants, nor by the respondents were in accordance with law and neither of them were having any right to induct members after the term of the validly elected Committee of Management has been over. 7.
6. We, therefore, find that neither the members inducted by the appellants, nor by the respondents were in accordance with law and neither of them were having any right to induct members after the term of the validly elected Committee of Management has been over. 7. We are of the view that the process for holding the election of the Committee of Management may not be stalled for an indefinite time but the election should be held as early as possible so that the affairs of the school/ institution in question, in the absence of any Committee of Management, may not suffer. 8. In these circumstances, we dispose of the special appeal as well as the writ petition [Writ Petition No. 4437 (MS) of 2015] with the direction to the Deputy Registrar, Firms, Societies and Chits, Lucknow to hold the election as contemplated under Section 25 (2) of the Societies Registration Act, from amongst the members who were existing between 2008 to 2011. The voter list shall be finalized by the Deputy Registrar within a period of one month from the date of presentation of a certified copy of this order and thereafter the election shall be held as contemplated under Section 25-A of the Societies Registration Act, within next two months.