Committee of Management, Gandhi Rashtriya Vidyalaya, Rath, District Hamirpur v. State of U. P.
2023-01-19
J.J.MUNIR, RAJESH BINDAL
body2023
DigiLaw.ai
ORDER : on Civil Misc. Application for Leave to Appeal No. 2 of 2022 1. The leave application is allowed. The appellants/ applicants are permitted to appeal from the impugned judgment and order dated February 24, 2022 passed by the learned Single Judge. on Civil Misc. Exemption Application No. 3 of 2022 2. The exemption application is allowed. on the Memo of Appeal 3. This special appeal is directed against a judgment and order of the learned Single Judge dated February 24, 2022 allowing Writ-C Nos. 703 of 2022, 3056 of 2021 and 30573 of 2021. 4. By the impugned judgment, the learned Single Judge, amongst others, has quashed the order dated December 5, 2019 and October 30, 2021 passed by the Assistant Registrar, Firms, Societies and Chits, Jhansi Region, Jhansi. By the order dated December 5, 2019, the Assistant Registrar had approved the addition of 307 members to the General Body of the Society at the time, comprising 1397 members. By the other order dated October 30, 2021, the Assistant Registrar issued a revised and rectified list of members of the General Body of the Society, numbering 1025. 5. The learned Judge has further quashed all consequential proceedings that would follow consequent upon determination of membership of the General Body of the Society by the Assistant Registrar. Another impact of the judgment passed by the learned Single Judge is that the elections to the Committee of Management of the Society held on January 16, 2022 and registered by the Assistant Registrar on January 18, 2022 headed by the appellants would also stand set aside. 6. The dispute involved in the writ petitions giving rise to this appeal relates to Shri Gandhi Rashtriya Vidyalaya, Rath, District Hamirpur, a Society registered under the Societies Registration Act, 1860 (for short, 'the Society'). The Society has established an educational institution, known as Gandhi Rashtriya Vidyalaya, Rath, District Hamirpur (for short, 'the Institution'). The undisputed elections to the Committee of Management authorized to govern the Institution were held in the year 2000 and then again in the year 2003. Later on, the membership of the General Body increased. 7. It is the appellants' case that on April 20, 2018, the Assistant Registrar approved a list of 1397 members, including some 307 members, who were approved by the order dated December 18, 2014.
Later on, the membership of the General Body increased. 7. It is the appellants' case that on April 20, 2018, the Assistant Registrar approved a list of 1397 members, including some 307 members, who were approved by the order dated December 18, 2014. On the basis of the said list, elections to the Committee of Management of the Institution were held on February 3, 2019. On December 5, 2019 some 307 members were approved as members of the General Body, over and above the 1397. 8. The order dated December 5, 2019 was challenged by the appellants vide Writ-C No. 30573 of 2021. By a subsequent order dated October 30, 2021, the Assistant Registrar issued a rectified list, excluding members, whose term of three years had come to an end. This order was challenged vide Writ-C No. 30956 of 2021, again by the appellants here. It appears that an interim order was passed in this petition on an undertaking by respondent No.5 to the writ petition that no elections to the Committee of Management of the Institution were being held on the basis of the order dated October 30, 2021 passed by the Assistant Registrar and elections to the Committee of Management of the Society alone had been notified. 9. The Court passed an interim order, therefore, that the respondents are restrained from interfering in the peaceful functioning of the petitioner's Society as approved on March 6, 2019 on the basis of elections held on February 3, 2019. This order was corrected by a subsequent order dated December 22, 2021 to mention for "the petitioners' Society" in the interim order "the Committee of Management of the College". Elections to the Committee of Management of the Society were held on January 16, 2022, wherein appellant No. 2 was returned elected as the Secretary/ Sabhapati. 10. On February 14, 2022, it appears that a meeting of the General Body of the Society was held, where name of 477 members of the General Body, who were dead, were scored out and another 103 were enrolled. The Assistant Registrar approved the list of 651 members of the General Body of the Society under Section 4-B of the Societies Registration Act, 1860. At this juncture, 56 members of the General Body challenged the order dated October 30, 2021 passed by the Assistant Registrar vide Writ-C No. 703 of 2022.
The Assistant Registrar approved the list of 651 members of the General Body of the Society under Section 4-B of the Societies Registration Act, 1860. At this juncture, 56 members of the General Body challenged the order dated October 30, 2021 passed by the Assistant Registrar vide Writ-C No. 703 of 2022. All the three writ petitions were tagged and heard by the learned Single Judge, who has allowed them by the impugned judgment, quashing the two orders above detailed and issuing various directions. 11. Upon hearing the learned Counsel for parties, we find that a dispute is sought to be raised that the General Body of the Society and the Committee of Management are very different. This fact would have to be asserted by looking into the by-laws of the Society and the scheme of management of the Institution. There is also a thick dispute about the enrolment of members to the General Body of the Society, the membership whereof has been modified a number of times and approved by the Assistant Registrar, Firms, Societies and Chits. The issue is one relating to elections to the Committee of Management of the Institution with involvement with of the parent body, that is to say, the Society. The learned Single Judge has allowed the writ petitions without affidavits being exchanged between parties. 12. We are of opinion that in original writ petitions involving factual disputes of this complexity, the better course of action to follow is to permit parties to exchange affidavits and then hear the matter. We, therefore, think that this matter should go back to the learned Single Judge with a direction to permit parties to put in their affidavits and decide the matter afresh after hearing all parties concerned. 13. We, accordingly, allow this appeal, set aside the impugned judgment and order dated February 24, 2022. All the three writ petitions shall stand restored to the file of the learned Single Judge for hearing and decision afresh in accordance with law. We request the learned Single Judge to expedite hearing. 14. There shall be no order as to costs.