C/M Kisan Mazdoor High School Samiti v. State Of U P
2023-05-23
AJAY BHANOT
body2023
DigiLaw.ai
JUDGMENT : 1. By the impugned order dated 09.11.2022 the Assistant Registrar, Firms, Societies and Chits, Saharanpur Region, Saharanur has determined the valid list of members and has also directed the holding of elections in exercise of powers under Section 25(2) of the Societies Registration Act on the footing of an electoral college composed of the said members. The impugned order finds that the 71 members who were enrolled in the year 1995, 2015 and 2021 were inducted in violation of the bye laws. The original founding members who were 14 in number had expired. The strength of the general body was reduced to a point where it is below the requisite strength to run a society. A direction has been issued to the surviving members of the original list of 14 founding members to conduct a meeting for enrolling fresh members. 2. Shri Parmatma Nand Ojha, learned counsel for the petitioner submits that appropriate weight was not given to various evidences submitted by the petitioner before the Assistant Registrar. 3. The Court sitting in writ jurisdiction can only interfere in proceedings which disclose procedural irregularity. Introduction and perusal of evidences is not within the domain of this Court sitting in writ jurisdiction. Since these are highly disputed questions of fact which have been raised on behalf of the petitioner, the recourse may be taken by the petitioner to the competent civil court. 4. Shri Prabhakar Awasthi, learned counsel for the respondent submits that the records disclose that the meeting of the committee of management was held on 13.09.2015 to enroll members. The enrollment of members will be placed before the general body after the elections. This is not the procedure contemplated in the bye laws for induction of new members. 5. It is undisputed that 14 founding members were part of the general body at the time of the registration of the society in the year 1993. According to the petitioner no members were enrolled in 2015. The enrollment exercise which is part of the record and appended as Annexure 9 references a list of 54 members. Clearly, the said list of general body of 54 members cannot be reconciled with the stand of the petitioners in the writ petition.
According to the petitioner no members were enrolled in 2015. The enrollment exercise which is part of the record and appended as Annexure 9 references a list of 54 members. Clearly, the said list of general body of 54 members cannot be reconciled with the stand of the petitioners in the writ petition. Nothing could be pointed out to discredit the finding of the Assistant Registrar that the members enrolled in the year 1995, 2015 or 2021 were contrary to the bye laws. 6. The writ petition is dismissed.