President, Sanwal Preparatory and Nursery School Nainital v. State of Uttarakhand
2017-01-11
SUDHANSHU DHULIA
body2017
DigiLaw.ai
JUDGMENT : Sudhanshu Dhulia, J. The petitioner is a society by the name of Sanwal Preparatory and Nursery School, Nainital registered under the Societies Registration Act (from hereinafter referred to as “the Act”). As regarding the management, the following provisions are made in the by-laws of the society:- “The Society shall, for the purposes of the Societies Registration Act XXI of 1860, be deemed to be the governing Body or “Managing Committee” and shall consist of eight members in the manner specified below:- i. Two life members, namely Mr. P.E. Sanwal and Mr. N.R. Sanwal and after them the vacancy and vacancies shall be filled in by their descendants from generation to generation in order of seniority in age and generation. ii. Two nominees of each of the aforesaid life members renewable from year to year, the total being four nominees (or nominated members) in all. iii. The Principal or Head Master of the Institution or his/her representative from among the teachers of the Institution. iv. Three other members.” 2. One of the life members of the Society Mr. N.R. Sanwal passed away on 04.12.1997 and subsequently as per the by-laws of the Society, the descendant of Mr. N.R. Sanwal in terms of seniority was liable to be given membership. Since Mr. P.E. Sanwal, the other member was raising objections in violation of the terms and conditions of the by-laws, Ms. Punita Sanwal, wife of Mr. N.R. Sanwal moved an application before the Registrar Society under Section 25 of the Act and after adopting the due process, the Registrar came to the conclusion that the by-laws of the society are absolutely clear as to the induction of the descendant and subsequently has passed an order that member be included in accordance with the by-laws of the Society. This order has been presently challenged by the petitioner before this Court. The ground for challenge by the petitioner is that the Registrar does not have these powers. 3. The writ petition is being contended at the hands of State authorities and the private respondents. 4. Learned counsels for the respondents submit that wide powers have been given to the Registrar under Sections 22, 24 and 25 of the Act. Sections 22, 24 and 25 of the Act read as under:- “22.
3. The writ petition is being contended at the hands of State authorities and the private respondents. 4. Learned counsels for the respondents submit that wide powers have been given to the Registrar under Sections 22, 24 and 25 of the Act. Sections 22, 24 and 25 of the Act read as under:- “22. Power of Registrar to call for information.- (1) The Registrar may, by written order, require society to furnish in writing such information or document within such time, being ordinarily not less than two weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this Act. (2) On receipt by the society of an order under sub-section (1), it shall be the duty of the President, Secretary or any other person authorised in this behalf to furnish such information or documents. Section 24. Investigation of affairs of a society.- (1) Where on information received under Section 22 or otherwise, or in circumstances referred to in sub-section (3) of Section 23, the Registrar is of opinion that there is apprehension that the affairs of a society registered under this Act are being so conducted as to defeat the objects of the society or that the society or its governing body by whatever name called, or any officer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the Registrar may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society. (2) It shall be the duty of every officer of the society when so required by the Registrar or other person appointed under sub-section (1) to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation.
(2) It shall be the duty of every officer of the society when so required by the Registrar or other person appointed under sub-section (1) to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation. (3) The Registrar or other person appointed under sub-section (1) may call upon and examine on oath any officer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officer, member or employee, when called upon, to appear before him for such examination. (3-A) The Registrar or other person appointed under sub-section (1) may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society. Provided that any person from whose custody such records are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of the person having the custody of such records. (4) On the conclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the Registrar to inspect or investigate shall make a report to the Registrar on the result of his inspection or investigation. (5) The Registrar may, after such inspection or investigation, give such directions to the society or to its governing body or any officer thereof as he may think fit, for the removal of any defects or irregularities within such time as may be specified and in the event of default in taking action according to such directions, the Registrar may proceed to take action under Section 12-D or Section 13-B, as the case may be. 25.
25. Disputes regarding election of office-bearers.- (1) The prescribed authority may, on a reference 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 office 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 committed by such office-bearer; 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 materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any non-compliance with the provisions of any 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 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 meeting of the general body of such society for electing such office-bearer or office-bearers, and such meeting shall be 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 meetings and elections shall apply to such meeting and election with necessary modifications. (3) Where a meeting is called by the Registrar under sub-section (2), no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office-bearer of the society.” 4. Under the above provisions it is the Registrar who has to see that a Society runs as per the by-laws of the society. The Registrar after going through the by-laws of the Society has come to the conclusion that there is absolutely no ambiguity as once the life member has died his descendant has to be inducted.
Under the above provisions it is the Registrar who has to see that a Society runs as per the by-laws of the society. The Registrar after going through the by-laws of the Society has come to the conclusion that there is absolutely no ambiguity as once the life member has died his descendant has to be inducted. Learned counsel for the petitioner also admits that they are always ready as per the by-laws of the Society. 5. In view of the aforesaid, let the induction be made in accordance with law as expeditiously as possible. 6. The writ petition stands dismissed. Interim order dated 22.07.2015 stands vacated.