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2024 DIGILAW 1582 (ALL)

Dhampur Mahila Shiksha Sabha v. State Of UP

2024-07-01

MANJIVE SHUKLA

body2024
JUDGMENT : (Manjive Shukla, J.) 1. Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri H.P. Sahi and Sri Bhuvnesh Kumar Singh, learned counsels appearing for the petitioners, learned Standing Counsel appearing for Respondents No.1 & 2 and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Harishchandra Dubey, learned counsel appearing for Respondent No.4. 2. Petitioners through this writ petition have assailed the order dated 9.4.2024 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad whereby he has declared the membership of newly inducted 72 members including Petitioners No.2, 4 to 9 as invalid on the ground that they have been inducted by the time-barred Committee of Management of Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor. 3. Facts of the case, as culled out from the writ petition, are that Dhampur Mahila Shiksha Sabha, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.1’) and Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.2’) are the societies registered under the Societies Registration Act, 1860. The bye-laws of Society No.2 provide that the members of the general body of the Society No.2 shall be the same as the members of the general body of the Society No.1. The bye-laws further provide that any person who donates money either to Society No.1 or Society No. 2 or to any institution run under the said societies can become member of the general body of the said societies. 4. The Committee of Management of the Society No.2 vide resolution dated 25.9.1998 approved the proposal of 35 persons for being enrolled as life members of the general body of the Society No.1. The Committee of Management of Society No.2 again passed a resolution on 9.7.2021 whereby proposal for enrollment of 20 new life members of the Society No.1 was accepted. Thereafter vide resolution dated 20.11.2021 the Committee of Management of Society No.2 accepted the proposal of induction of 17 new members in the general body of the Society No.1. The Assistant Registrar, Firms, Societies and Chits, Moradabad passed an order on 28.1.2021 whereby the Committee of Management of Society No.1 was declared to be time barred and elections were directed to take place on the basis of the list of members of the general body of the Society No.1 published vide order dated 18.12.2019. The Assistant Registrar, Firms, Societies and Chits, Moradabad passed an order on 28.1.2021 whereby the Committee of Management of Society No.1 was declared to be time barred and elections were directed to take place on the basis of the list of members of the general body of the Society No.1 published vide order dated 18.12.2019. The Assistant Registrar in his order dated 28.1.2021 further provided that the list of 35 members inducted by the Committee of Management of Society No.2 shall be placed before the Committee of Management of Society No.1 after its valid elections pursuant to the order dated 28.1.2021. 5. Pursuant to the order dated 28.1.2021 passed by the Assistant Registrar, the Committee of Management of Society No.1 was duly elected and thereafter the Committee of Management of Society No.1 passed a resolution on 5.3.2021 whereby it had accepted the membership of 35 members inducted by the Committee of Management of Society No.2. The Committee of Management of Society No.1 vide its resolution dated 16.04.2022 had also accepted the induction of (20+17) members who were earlier inducted vide resolutions dated 9.7.2021 and 22.10.2021 passed by the Committee of Management of Society No.2. 6. Thus, it would be manifest that pursuant to direction given by the Assistant Registrar vide his order dated 28.1.2021, the membership of 35+20+17=72 members was duly accepted by the Committee of Management of Society No.1. 7. The Assistant Registrar, Firms, Societies and Chits, Moradabad vide his order dated 27.2.2023 registered the list of the members of the general body of Society No.1 for the year 2022-23 and the said list contains the names of 302 members including Petitioners No.2, 4 to 9. 8. On the basis of the aforesaid registered list of 302 members of the general body of Society No.1, the process for election of the Committee of Management of Society No.2 started and the Election Officer issued the election schedule on 13.3.2023. After the start of election process, certain objections were filed by various persons including Respondent No.4 to the District Magistrate/Chairman, Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor and to the Assistant Registrar, Firms, Societies and Chits, Moradabad whereby objection was raised that the names of certain persons who are members of the general body of Society No.1 have not been included in the list of 302 members of the general body to be used as electoral college in the elections. The Assistant Registrar took cognizance over the objections and passed an order on 28.3.2023 whereby he stayed the implementation of the list of the members of the general body of Society No.1 registered for the year 2022-23. 9. Petitioners challenged the aforesaid order dated 28.3.2023 by filing Appeal No.C202313000000641 before the Commissioner, Moradabad Division, Moradabad and the said appeal was allowed vide order dated 24.4.2023 whereby the order dated 28.3.2023 passed by the Assistant Registrar was declared to be illegal and further direction was issued for proceeding in the matter on the basis of the list of the members of the general body finalized vide order dated 25.2.2023/27.2.2023 by including the names of those life members whose names by mistake have not been included. 10. The Respondent No.4 and others challenged the order dated 24.4.2023 passed by the Commissioner, Moradabad Division, Moradabad by filing Writ-C No.27177 of 2023 and the co-ordinate Bench of this Court disposed of the writ petition vide order dated 7.12.2023 whereby the order passed by the Commissioner dated 24.4.2023 was set aside and further the last three lines contained in the order dated 28.3.2023 passed by the Assistant Registrar whereby the list already registered was made ineffective, null and void, were also set aside and further direction was issued to the Assistant Registrar to decide the matter after hearing the noticees. The present petitioners again submitted a detailed reply to the Assistant Registrar, Firms, Societies and Chits, Mordabad vide letter dated 4.1.2024 whereby it was submitted that the names of 17 persons which could not be included in the list of 302 members finalized vide order dated 27.2.2023 may be included and thereafter elections of the Committee of Management of Society No.2 may be conducted. 11. The Assistant Registrar, Firms, Societies and Chits, Mordabad has passed the impugned order dated 9.4.2024 whereby he has rejected the list of 302 members which was registered by him on 27.2.2023 and further directed for holding elections of the Committee of Management of Society No.2 on the basis of the list of the members of the general body containing 366 members. The Assistant Registrar vide order dated 9.4.2024 has declared the membership of 72 members who were inducted by the Committee of Management of Society No.2 and later on were approved by the Committee of Management of Society No.1, as invalid on the ground that on the date on which 72 members were inducted, the Committee of Management of Society No.2 was time barred therefore, the said induction is illegal. 12. Sri G.K. Singh, learned Senior Advocate appearing for the petitioners has submitted that total 72 members were inducted by the Committee of Management of the Society No. 2 vide resolutions dated 25.09.1998, 09.07.2021 and 20.11.2021 and the Assistant Registrar while passing order dated 28.01.2021 provided that fate of the members inducted by the Committee of Management of Society No. 2 shall be determined by the newly elected Committee of Management of the Society No. 1 and after fresh elections, once Committee of Management of the Society No. 1 vide resolutions dated 05.03.2021 and 16.04.2022 accepted the membership of the said members, there could not have been any occasion for the Assistant Registrar to declare the membership of the said 72 members as invalid. It has further been submitted that after passing of the resolutions dated 05.03.2021 and 16.04.2022 by the Committee of Management of the Society No. 1 thereby accepting the membership of the 72 members, the Assistant Registrar after inviting objections from the concerned parties, has passed an order on 27.02.2023 whereby the list of members of the general body of the Society No. 1 containing 302 members including the aforesaid 72 members has been registered, there cannot be any occasion for the Assistant Registrar to review his earlier orders dated 28.01.2021 and 27.02.2023 and thereby to nullify the membership of the 72 members. 13. 13. Sri G.K. Singh, learned Senior Advocate appearing for the petitioners has vehemently argued that it is well settled proposition of law that the Assistant Registrar, Firms, Societies and Chits has not been conferred any power to review his earlier decisions under the provisions of the Societies Registration Act, 1860, therefore, once the Assistant Registrar vide order dated 28.01.2021 authorized the Committee of Management of Society No. 1 to take decision in respect of the members inducted by the Committee of Management of the Society No. 2 and thereafter pursuant to acceptance of the membership of the 72 members by the Committee of Management of the Society No. 1, Assistant Registrar after inviting objections has passed order on 27.02.2023 thereby the list of 302 members including the aforesaid 72 members was registered, there was no jurisdiction with the Assistant Registrar to review his earlier decisions and to declare the membership of the 72 members to be invalid. It has further been argued that since the impugned order dated 09.04.2024 passed by the Assistant Registrar amounts to review of his earlier decisions dated 28.01.2021 and 27.02.2023 which is not permissible under law, the impugned order dated 09.04.2024 cannot sustain in the eyes of law. 14. Sri G.K. Singh, learned Senior Advocate appearing for the petitioners has also vehemently argued that the Assistant Registrar vide order dated 09.04.2024 has declared membership of the 72 members to be invalid but has not issued notice to the said 72 members including Petitioners No. 2, 4 to 9. It has further been argued that declaring membership of an individual person as invalid, affects his rights, therefore, all the 72 members were required to put to notice before decision over their membership but the Assistant Registrar in gross violation of the principles of natural justice has declared the membership of the 72 persons as invalid without putting them on notice and affording them opportunity of hearing, thus the impugned order dated 09.04.2024 cannot sustain in the eyes of law. 15. 15. Sri R.K. Ojha, learned Senior Advocate appearing for the Respondent No. 4 has argued that the membership of the 72 members has been accepted by the Committee of Management of Society No. 1 vide its resolutions dated 05.03.2021 and 16.04.2022 whereas under the by-laws, there is no description as to whether Committee of Management of the Society or general body of the Society is empowered to grant membership to the members and therefore the membership granted to 72 members by the Committee of Management of Society No. 1 is invalid. 16. Sri R.K. Ojha, learned Senior Advocate appearing for Respondent No. 4 has further argued that this Court has decided bunch of writ petitions, leading writ petition being Civil Misc. Writ Petition No. 60164 of 2010, vide judgement and order dated 09.12.2010 wherein it has been held that if in the bye-laws of the Society, it has not been specified that the membership shall be granted by which authority i.e. either by the Committee of Management of the Society or by the general body of the Society, then the membership of the Society has to be decided by the general body of the Society and since in the present case, the bye-laws of the Society No. 1 are absolutely silent in respect of the authority competent for granting membership, the general body of the Society No. 1 is competent to grant membership, therefore, the membership granted to 72 members by the Committee of Management of the Society No. 1 on its face is illegal. 17. Learned Standing Counsel appearing for Respondents No. 1 and 2 has argued that the impugned order dated 09.04.2024 is perfectly legal and does not call for any interference by this Court. 18. Sri G.K. Singh, learned Senior Advocate appearing for the petitioners in rejoinder has argued that in regard to Society No. 1 and Society No. 2, there has been convention of membership being granted by the Committee of Management of the Society No. 1 and Society No. 2 and even the membership of Respondent No. 4 has been granted in the same manner and there had not been even a single example where membership of Societies in question has been granted by the general body of the Societies. 19. 19. I have considered the rival arguments advanced by the learned counsels appearing for the parties and I find that the Committee of Management of Society No. 2 vide its resolution dated 25.09.1998 resolved to induct 35 persons as members of the general body of Society No. 1. The Assistant Registrar, Firms, Societies and Chits, Moradabad passed an order on 28.01.2021 whereby he proceeded to hold fresh elections under Section 25(2) of the Societies Registration Act, 1860 but did not include the aforesaid 35 members in the list of the general body of Society No. 1 and provided that decision in respect of the 35 members shall be taken by the newly elected Committee of Management of the Society No. 1. The elections of the Committee of Management of Society No. 1 took place and thereafter the Committee of Management of Society No.1 passed a resolution on 05.03.2021 whereby the membership of the aforesaid 35 members was accepted. 20. The Committee of Management of Society No. 2 inducted 20 members vide resolution dated 09.07.2021 and 17 more members vide resolution dated 22.10.2021. The induction of the aforesaid 20+17=37 members was accepted by the Committee of Management of Society No. 1 vide its resolution dated 16.04.2022. Thereafter papers were forwarded to the Assistant Registrar, Firms, Societies and Chits, Moradabad for registration of the list of members of the general body of Society No. 1 containing 302 names including the names of the aforesaid 72 members. The Assistant Registrar issued notice to the concerned parties and invited objections. The Assistant Registrar thereafter passed an order on 27.02.2023 whereby he took decision to register the list of 302 members containing the names of the aforesaid 72 members. 21. This Court finds it noteworthy that till date, none has challenged the aforesaid resolutions passed by the Committee of Management of Society No. 1 whereby membership of the 72 persons was granted and the order dated 27.02.2023 whereby the Assistant Registrar registered the list of 302 members including the names of the aforesaid 72 members. 22. 21. This Court finds it noteworthy that till date, none has challenged the aforesaid resolutions passed by the Committee of Management of Society No. 1 whereby membership of the 72 persons was granted and the order dated 27.02.2023 whereby the Assistant Registrar registered the list of 302 members including the names of the aforesaid 72 members. 22. It appears that when the election process for elections of the Committee of Management of Society No. 2 started on the basis of the aforesaid list of members of the general body containing 302 names, only limited objections were filed that names of certain members have been left out and therefore, they may also be included and thereafter elections of the Committee of Management of Society No. 2 may take place. 23. The Assistant Registrar while dealing with the aforesaid limited objections for including the left out names of the members in the list of 302 members for the purposes of elections of the Committee of Management of Society No. 2, has in-fact heard the entire matter afresh and has passed order on 9.04.2024 and thereby has declared the membership of the aforesaid 72 persons as invalid. 24. This Court is of the view that the Assistant Registrar while passing the impugned order dated 09.04.2024 has in-fact reviewed his earlier decisions dated 28.01.2021 and 27.02.2023. Once, none challenged the induction of the aforesaid 72 members and the list of the members of general body registered vide order dated 27.02.2023, it was not open for the Assistant Registrar to review his earlier decisions dated 28.01.2021 and 27.02.2023 and thereby to declare the membership of the 72 members as invalid. 25. This Court also finds that the impugned order dated 09.04.2024 has been passed in gross violation of the principles of natural justice as the 72 members whose membership has been declared to be invalid, even have not been issued notice and have not been afforded opportunity of hearing, as such the impugned order dated 09.04.2024 cannot sustain in the eyes of law. 26. 26. So far as the arguments advanced by the learned Senior Advocate appearing for Respondent No. 4 regarding the authority empowered for grant of membership of Society No. 1 is concerned, this Court does not proceed to decide the said issue as till date none has challenged the resolutions passed by the Committee of Management of Society No. 1 by which the membership of the 72 members has been granted and the order dated 22.07.2023 passed by the Assistant Registrar whereby list of the members of the general body of Society No. 1 for the year 2022-23 has been finalized and registered. 27. In view of the aforesaid reasons, this writ petition is allowed. The order dated 09.04.2024 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad is quashed. 28. The matter is remitted to the Assistant Registrar, Firms, Societies and Chits, Moradabad for limited purpose of hearing to the concerned parties for including the names of left out valid members of the general body of Society No. 1 (if any) in the list of 302 members finalized and registered vide order dated 27.02.2023 and thereafter to proceed to hold elections of the Committee of Management of Society No. 2 under Section 25(2) of the Societies Registration Act, 1860.