AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioners.
This matter was taken up yesterday as it was listed in the cause list.
Sri Sanjay Mishra, learned counsel for the petitioners had argued at length on the illegality and arbitrariness of the order dated 21.12.2013 passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad (for short 'the Deputy Registrar'). Sri Amrendra Nath Tripathi, was not present yesterday. The matter was posted in the additional cause list and has been taken up today.
Sri Amrendra Nath Tripathi has appeared today and stated that he has no instructions as of now from his client, as according to his client, atleast two elections have been held after the impugned order was passed, which later elections, have not been challenged and the writ petition has become infructuous.
Sri Sanjay Mishra, on the other hand, has pointed out that if two elections allegedly have been held by the Sri Kundesh Shukla, whose Committee was wrongly recognized by the impugned order passed by the Deputy Registrar, such elections were based on the impugned order and if the impugned order is set aside by this Court, automatically the subsequent elections would also fall to the ground. If the foundation goes, the whole super structure based thereupon is also demolished.
Learned counsel for the petitioners has also pointed out that although there was no interim order in this Writ Petition No.178 (MS) of 2014, in a subsequent Writ Petition No.3270 (MS) of 2014 (which is listed along with the main matter today), the petitioners had challenged the notice of election to be held on the basis of the list of 72 members finalized by the impugned order dated 21.12.2013. This Court had passed an order that the result of the election held shall be subject to final decision in these writ petitions.
Sri Sanjay Mishra has pointed out that Shrimat Paramhans Vidya Prachariani Sabha, Uttar Gaon, Amethi is a registered Society, running a Junior High School by the same name i.e. Shrimat Paramhans Junior High School, Uttar Gaon, Amethi. The initial registration of the Society on 24.1.1972 continued to be renewed under the undisputed Managership of Sri Kamlesh Narain Shukla. The last such renewal was made on 10.10.2005 for a period of five years. The undisputed election of the Committee of Management was held on 6.12.2009 and 21 members of the Executive Committee were elected. Sri Rameshwar Prasad Shukla, the petitioner no.1 was elected as President, Sri Kamlesh Narain Shukla was elected as Manager and petitioner no.2 Ram Pher Gautam was elected as Secretary of the Society. On 31.12.2010, the then Manager applied for renewal of the Society and deposited the renewal fee along with year-wise list of the Managing Committee, the Proceedings Register etc. and the original copy of the Registration Certificate and the list of General Body members. A copy of the letter dated 31.12.2010 has been filed as Annexure-4 to the writ petition.
Sri Kamlesh Narain Shukla, the undisputed Manager died on 8.4.2012. The Committee of Management met and elected the petitioner no.3 Ram Murti Shukla as Manager on 20.5.2012. One other member of the Executive Committee, the Deputy Secretary Smt. Murli Devi had also died in the meantime and Smt. Chandrakala was elected as Deputy Secretary. The papers were submitted with regard to the elections of the petitioner no.3 as Manager of the Society before the Deputy Registrar but no orders were passed thereon. Also no orders were passed on the renewal application submitted by the erstwhile Manager Sri Kamlesh Narian Shukla.
The petitioner no.3 contacted the office of respondent no.1 and found out that Sri Kundesh Shukla, had submitted certain proceedings dated 20.5.2012, wherein it was shown that Sri Kundesh Shukla was elected as Manager on the proposal of Smt. Murli Devi Singh. Smt. Murli Devi Singh had died on 30.7.2011 and, therefore, she could not have made any proposal on which the alleged election of Sri Kundesh Shukla took place on 20.5.2012.
It has been submitted that since the respondent nos.2 and 3 had filed proceedings of the same date i.e. 20.5.2012 before the Deputy Registrar, the Deputy Registrar should have referred the matter to the Prescribed Authority as it was a dispute relating to continuance of office bearers and cognizable under Section 25(1) of the Societies Registration Act. However, this was not done. The petitioners had submitted their objections to the proceedings allegedly held on 20.5.2012, electing Kundesh Shukla as Manager. The respondent no.1 called for an explanation along with evidence from the respondent no.2 by his letter dated 3.10.2012, fixing a date for hearing. Respondent no.2 did not submit any explanation in the office of the Deputy Registrar. When the renewal certificate was not issued for a long time, the petitioner no.3 again deposited the renewal fee along with fine on 19.6.2012. This fact has been mentioned in Paras-16 and 17 of the writ petition and has not been specifically denied by the respondent no.1 in the counter affidavit filed by him.
In the objections submitted by the petitioner no.3 to the proceedings dated 20.5.2012 allegedly submitted by respondent no.2 before the respondent no.1, it was specifically stated that a meeting was held on 18.12.2011 under the Managership of Sri Kamlesh Narain Shukla, the father of Kundesh Shukla, wherein it was decided that all ordinary members, who had failed to deposit their annual subscription in time, should be expelled. Sri Kundesh Shukla had not deposited the membership fee in time and his name was also deleted from the list of members of the Society. Sri Kundesh Shukla was not a member of the Society after 18.12.2011 and therefore, he could not have been elected as Manager on the basis of the alleged proceedings on 20.5.2012. However, the renewal certificate was issued by the respondent no.1 to Kundesh Shukla on 28.5.2012.
It has also been submitted that the meeting of the Committee of Management allegedly held on 20.5.2012 under the Chairmanship of Sri Rameshwar Prasad Shukla, the then President, was denied by Sri Rameshwar Prasad Shukla by means of filing an affidavit before the respondent no.1 in this regard. A copy of the said affidavit has also been filed along with the rejoinder affidavit by the petitioners before this Court.
Sri Sanjay Mishra has also pointed out that the alleged order has been passed on the basis of three proceedings, the papers regarding which, were submitted by Sri Kundesh Shukla and the perusal of the said papers would show that there was no application of mind at all by the respondent no.1.
Learned counsel for the petitioners has submitted that in Para-12 of the writ petition, the petitioners have specifically mentioned that respondent no.2 had submitted papers relating to three proceedings before the Deputy Registrar. The certified copies of the three proceedings have been obtained by the petitioners from the office of the Deputy Registrar and these three proceedings have been filed as Annexures-6, 7 and 8 to the writ petition. A perusal of the same would show that these three proceedings were allegedly held on 20.5.2012 and in these proceedings, Sri Rameshwar Prasad Shukla was shown as having Chaired the meeting. Sri Rameshwar Prasad Shukla filed an affidavit before the respondent no.1 that he had never attended any meeting allegedly held on 20.5.2012 in which, respondent no.2 was elected.
It has also been submitted that Annexures-6, 7 and 8 of the writ petition would show that they were submitted without application of mind as they also contained papers relating to Sant Vishal Shiksha Samiti being chaired by one President by the name of Murli Prasad Verma, where a proposal was submitted by Smt. Murli Devi Singh that the election of respondent no.2 on the vacant post of Manager in the meeting held on 28.4.2012 be ratified and the said ratification was made in the meeting held on 20.5.2012.
It has been submitted that Sant Vishal Shiksha Samiti, whose name finds place at Page no.40 of the paper book had nothing at all to do with the petitioners-Society i.e. Shrimat Paramhans Vidya Prachariani Sabha, Uttar Gaon, Amethi. The Deputy Secretary Smt. Murli Devi Singh had died on 30.7.2011 and therefore she could not have made any proposal on 20.5.2012 regarding ratification of alleged meeting dated 28.4.2012.
Sri Sanjay Mishra has submitted that the petitioners also filed written arguments on 7.11.2013 but the Deputy Registrar in passing the impugned order, completely ignored the written arguments so filed.
In passing the impugned order, the respondent no.1 has not indicated any reason with regard to non issuance of renewal certificate, although the fee was deposited by the then Manager on 31.12.2010. The undisputed election of the Society held on 6.12.2009 had 61 members in the General Body. By the impugned order, the Deputy Registrar has recognized a list of 72 members of the General Body submitted by Sri Kundesh Shukla. In accepting the list so submitted by the respondent no.2, the parameters defined in Section 4-B of the Societies Registration Act were not looked into at all. The Proceedings Register, the Agenda Register, the Fee Book and the Bank Passbook were not considered at all and the order has been passed. The respondent no.1 did not verify whether any membership fee was ever deposited by the new members allegedly inducted by the respondent no.2 and in passing the impugned order dated 21.12.2013, the respondent no.1 has also directed the District Basic Education Officer to hold the elections on the basis of the said 72 members' list submitted by respondent no.2.
In the counter affidavit filed by respondent no.1, the Deputy Registrar, referred to, by the learned Standing Counsel Sri Anil Chaubey in reply to the submissions made by Sri Sanjay Mishra, has referred to the registration of Society initially made on 8.9.1972 and the amendment of the bye-laws approved thereafter and a dispute relating to the election of office bearers of two different Committees of Management referred to the Prescribed Authority under Section 25(1) of the Act. The Prescribed Authority by its order dated 1.9.1985 had validated the election proceedings dated 20.3.1985 relating to the election of the then Manager Sri Kamlesh Narain Shukla of the Society. Sri Kamlesh Narain Shukla continued to remain as Manager of the Society till his death on 8.4.2012.
The respondent no.1 further refers to the election of Sri Kundesh Shukla, respondent no.2 for the remaining term of the Committee of Management in the meeting convened on 28.4.2012. The respondent no.2 thereafter moved an application on 28.5.2012 for renewal of the new Committee of Management. Before the orders could be passed on such application, Ram Murti Shukla, petitioner no.3 moved an application on 19.6.2012 before respondent no.1, annexing the list of members, who had not deposited their annual membership fee and had, therefore, been removed and new members were inducted and prayed for renewal of the Society, claiming himself to be the Manager of the Society.
In the objections filed by petitioner no.3, he had stated that the proceedings submitted by respondent no.2 were forged and illegal. Regarding such proceedings being submitted, objections were also filed by the petitioner no.3 on 16.8.2012. Office of respondent no.1 issued notices thereafter. The respondent no.1 further stated that the last election was conducted on 6.12.2009 and the next elections should have been conducted on or before 5.12.2012. They were not conducted on 5.12.2012 and hence, the Society had become time barred. Therefore, by the order dated 21.12.2013, the respondent no.1 has accepted the list of 72 members of the General Body submitted by the respondent no.2, and authorized the District Basic Education Officer, Amethi to conduct the election of the time barred Committee of Management of the Society in question. Thereafter, the District Basic Education Officer, Amethi had issued agenda on 3.6.2014.
In the counter affidavit filed by Sri Kundesh Shukla, it has been submitted that after the death of the undisputed Manager Sri Kamlesh Narain Shukla on 8.4.2012, a General Body meeting was held on 28.4.2012 in which, he had been elected as Manager for the remaining period. Thereafter the private respondent applied for renewal of the Society and submitted the renewal fee on 28.5.2012 and the Society had been renewed by respondent no.1 on 30.5.2012 w.e.f. 10.10.2010 for a period of five years. The petitioner no.3 after renewal of the Society and registration of list of Committee of Management of the Society, alleging himself to be the Manager, submitted documents and fee along with a forged list of members of the Committee on the basis of the alleged proceedings dated 20.5.2012. After notices were issued and matter was heard, the respondent no.1 has passed an appropriate order, recognizing the list of 72 members of the General Body submitted by the private respondent. The District Basic Education Officer, Amethi in compliance of the order dated 21.12.2013, has passed an order dated 10.1.2014, fixing the date for election of time barred Committee of Management on 27.1.2014, which was later shifted to 16.6.2014. The elections were held by the General Body of which, 39 members were present out of 72 members and the proceedings have been submitted before the respondent no.1 on 30.6.2014 for his recognition along with the report of the District Basic Education Officer, Amethi. The impugned order dated 21.12.2013 has been implemented and the election of the Committee of Management of the Society has been held, therefore, the writ petition has become infructuous and is liable to be dismissed on this ground alone.
This Court having heard the learned counsel for the petitioners, learned Standing Counsel and also having perused the counter affidavit filed by respondent no.2, has gone through the impugned order dated 21.12.2013. From a perusal of the same, it is apparent that the said order was passed on the proceedings initiated on objections filed by the petitioners to the renewal certificate being granted to respondent no.2. The Deputy Registrar has mentioned in his order that after the death of undisputed Manager Sri Kamlesh Narain Shukla on 8.4.2012, the General Body of the Society in its meeting dated 28.4.2012 had elected the respondent no.2 as Manager for the remaining term. These proceedings were ratified by the Committee of Management on 20.5.2012. One Hare Lal Mishra was also elected in a vacant post on death of another member of the Committee of Management. The renewal proceedings were submitted on 28.5.2012 by Sri Kundesh Shukla and renewal certificate was granted on 30.5.2012 w.e.f. 10.10.2010 for a period of five years. After the renewal certificate was granted, the petitioner no.3 had filed objections on 19.6.2012. The Annexures filed along with these objections have been mentioned in detail in the order dated 21.12.2013. Mention has also been made of objections filed by petitioner no.3 again on 16.8.2012, challenging the list of Committee of Management for the years 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 as submitted by Sri Kundesh Shukla. It was also submitted that respondent no.2 was not a member of the Society at all. The affidavits filed by atleast three members including Sri Rameshwar Prasad Shukla, the then President of the Society have also been mentioned by the Deputy Registrar. Mention has also been made of the list of 72 members submitted by the petitioner no.3 but the Deputy Registrar has found that the respondent no.2 had submitted the affidavits of 27 members out of 61 original General Body members in his favour on 30.8.2013, where the members had stated that the petitioner no.3 had submitted forged proceedings relating to meeting held on 28.4.2012, 20.5.2012 and 3.12.2012.
The Deputy Registrar has accepted that the renewal certificate was issued on 30.5.2012 to the respondent no.2 for the Society in question. He has disbelieved the papers submitted by petitioner no.3 on the basis of documents available in his record maintained at the office. He has disbelieved the contention of petitioner no.3 that Kundesh Shukla had been removed from the membership of the Society for non-payment of membership fee on the ground that in the list of Committee of Management submitted for the years 2007-08, 2008-09 and 2009-10 in the office, the name of Kundesh Shukla was mentioned at Serial no.16 as member of the Committee of Management and as per Bye-law no.5(2)(B) of the Society, only life member of the Society could have been made a member of the Committee of Management. He has, therefore, found that respondent no.2 was a life member and he could not have been removed as alleged by petitioner no.3 for non payment of annual subscription.
The question before this Court in these writ petitions relates to the power of the Registrar under Section 3A of the Societies Registration Act read with Sections 4(1) and 4(2) and Sections 4A and 4B of the Act. Under Section 3A of the Act, the Registrar has the power to grant renewal of registration of a Society. It provides that the certification of registration shall remain in force for a period of five years from the date of its issue.
In this case, undusputedly Sri Kamlesh Narain Shukla being the Manager, was being granted such renewal certificates and the last such renewal certificate being due to expire on 10.10.2010, the then undisputed Manager Sri Kamlesh Narain Shukla had submitted a renewal application and deposited the renewal fee along with annual list of Committee of Management and all relevant papers on 31.12.2010. Sri Kamlesh Narain Shukla died on 8.4.2012. Sri Kundesh Shukla submitted the proceedings dated 20.5.2012, alleging that he had been elected at a meeting of the General Body of the members on 28.4.2012 and the said election was ratified by the Committee of Management in its meeting dated 20.5.2012. The Deputy Registrar issued the renewal certificate on 30.5.2012. When the petitioners came to know, the petitioner no.3 filed his objections on 19.6.2012 on which, notices were issued.
In the proceedings dated 20.5.2012, it was alleged that they were under the Chairmanship of Sri Rameshwar Prasad Shukla, the President of the Society. However, Sri Rameshwar Prasad Shukla, who is petitioner no.1 before this Court, filed an affidavit before the Deputy Registrar, saying that no elections were held on 28.4.2012 and no proceedings were also held on 20.5.2012. As such, a dispute was raised regarding the election of Sri Kundesh Shukla and also the election of other members of the Committee of Management in the vacancy created on the death of Smt. Murli Devi Singh. It was a dispute relating to continuance of office bearers, which could only have been referred to, under Section 25(1) of the Act to the Prescribed Authority for a decision.
Simultaneously, objections were also filed by the petitioner no.3 along with papers relating to the proceedings allegedly held on various dates, electing him as Manager of the Society and removing Sri Kundesh Shukla as member of the Society. With regard to continuance of membership of Sri Kundesh Shukla, no doubt the Deputy Registrar had power under Section 4 of the Act.
The relevant extracts of Section 4 of the Societies Registration Act is being quoted herein below:
"4. Annual list of, managing body to be filed.-(1) Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the Society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-Stock Campanies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society.
(2) Together with list mentioned in sub-section (1) there shall be sent to the Registrar a copy of the memorandum of association including any alteration, extension or abridgement of purposes made under Section 12, and of the rules of the society corrected up to date and certified by not less than three of the members of the said governing body to be a correct copy and also a copy of the balance-sheet for the proceeding year of account.
Provided that if the managing body is elected after the last submission of the list, the counter signature of the old members, shall, as far as possible, be obtained on the list. If the old office-bearers do not counter-sign the list, the Registrar may, in his discretion, issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period."
Under the amendment to the Act by the State Legislature, Section 4-B has also been added, in which, it has been provided thus:
"4-B. (1) At the time of registration/renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and Bank pass book of the society.
(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, resignation or death of any member, a modified list of members of General Body, shall be filed with the Registrar, within one month from the date of change.
(3) The list of members of the General Body to be filed with Registrar under this section shall be signed by two office bearers and two executive members of the society."
It is apparent that the observations made by the Deputy Registrar regarding continuance of Sri Kundesh Shukla as member of the Society and the proceedings relating to his removal allegedly held on 18.12.2011 being suspect, cannot be said to be without jurisdiction. The Deputy Registrar has considered the Bye-laws of the Society, wherein it was specifically provided that only a life member of the General Body could be a member of the Committee of Management. Sri Kundesh Shukla has been shown by the erstwhile member of the Society Sri Kamlesh Narain Shukla as member of the Committee of Management in the list for the years 2007-08, 2008-09 and 2009-10. Hence, the papers submitted by the petitioner no.3 relating to the alleged meeting held on 18.3.2011, removing Sri Kundesh Shukla from the membership of the General Body due to non payment of annual subscription, were rightly rejected by the Deputy Registrar.
The Deputy Registrar having accepted the respondent no.2 as being a valid member of the General Body and, therefore, being elected as member of the Committee of Management for the years 2007-08, 2008-09 and 2009-10, there was no good ground to accept the papers submitted by petitioner no.3 relating to the alleged meeting held on 18.3.2011, removing the respondent no.2 as member of the General Body due to non payment of annual subscription.
However, the Deputy Registrar should have stayed his hands and should not have proceeded further in the matter by accepting the list submitted by Sri Kundesh Shukla and at the same time, observing that the elections of the Society having not been held in time, the Committee of Management of the Society had become time barred and, therefore, he had derived the power as Deputy Registrar to proceed under Section 25(2) of the Act.
It has been held by several Division Benches of this Court that the Registrar or the Deputy Registrar has no jurisdiction to hear and decide any dispute in respect of an election or continuance in office by the officer bearers of the Society. The first such decision, which comes to mind is that of Vijay Narain Singh vs. Registrar, Firms, Societies and Chits Registration, U.P., Lucknow and others, 1981 UPLBEC 308. The said decision of this Court was followed by later Division Bench judgments in Committee of Management and others vs. Zila Basic Shiksha Adhikari and others, 1987 UPLBEC 333; Urwa Bazar Educational Society, Urwa Bazar, Gorakhpur and another vs. Assistant Registrar, Firms, Societies and Units, Division Gorakhpur and others, 1988 UPLBEC 515; All India Council and another vs. Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi and another, AIR 1988 All 236; Gram Shiksha Sudhar Samiti, Junior High School, Sikandra, District Kanpur Dehat and another vs. Registrar, Firms, Societies and Chits, U.P., Lucknow and others, 2010 (7) ADJ 643 (DB) and Committee of Management, Anjuman Kherul Almin Allahganj and another vs. State of U.P. and others, 2014 (1) ADJ 44 (DB).
In the case of All India Council (supra), this Court had observed in Para-7 as under:
"7. It will, therefore, be seen that insofar as disputes or doubts in respect of the election or continuance in office of the office-bearers of a society registered in Uttar Pradesh are concerned, the Legislature has created a specific forum and laid down an exhaustive procedure for determination of the same under S.25. There is no other provision, express or otherwise, providing for determination of such disputes specifically. It is settled law that where, as here, the Legislature creates a specific forum and lays an exhaustive procedure for determination of a particular class of disputes in respect of matters covered by the stature, such disputes can be determined only in that forum and in the manner prescribed thereunder and not otherwise. If, therefore, a dispute is raised with regard to the election or continuance in office of an office-bearer of a society registered in Uttar Pradesh, the same has to be decided only by the Prescribed Authority under S. 25 (1) and not by the Registrar, save, of course, to the decision of the Prescribed Authority being subject to the result of a civil suit."
The Deputy Registrar, however, in this case, rejected the objections raised by the petitioners regarding the alleged election of Sri Kundesh Shukla as Manager of the Society on 28.4.2012 and ratification of the said decision of the General Body of the Committee of Management on 20.5.2012 and accepted the list of 72 members of the General Body submitted by Sri Kundesh Shukla.
The membership list approved by the Deputy Registrar for holding of elections and a direction being given thereafter under purported exercise under Section 25(2) of the Societies Registration Act, are without any basis. A direction has been issued for holding of elections by the District Basic Education Officer, Amethi on the basis of list submitted by Sri Kundesh Shukla dated 22.6.2012.
Such an order passed by the Deputy Registrar in exercise of power under Section 4-B as well as under Section 25(2) of the Act cannot be upheld. If the list of members was to be approved, though there was a dispute regarding the membership raised by petitioner no.3, then the Agenda Register, the Proceedings Register, the Membership fee book and the Bank Passbook of the Society should have been examined.
Undisputedly, there were only 61 members of the General Body, who had participated in the election held on 6.12.2009. It is not clear as to why the Deputy Registrar discarded the original list of 61 members and approved the list submitted by respondent no.2 and directed for holding of election on the basis thereof.
Also, a genuine dispute relating to the continuance of office bearers had been raised and the dispute should have been referred under Section 25(1) of the Act to the Prescribed Authority. The same was not done.
The order impugned dated 21.12.2013, therefore, cannot be sustained and is set aside.
The Writ Petition No.178 (MS) of 2014 stands allowed.
Writ Petition No.3270 (MS) of 2014 has been filed challenging the order dated 03.06.2014 which is in the form of Agenda circulated for holding of elections by the Basic Shiksha Adhikari, Amethi, in pursuance of the order dated 21.12.2013 passed by the Dy. Registrar challenged in Writ Petition No.178 (MS) of 2014. Since Writ Petition No. 178 (MS) of 2014 has been allowed and the order dated 21.12.2013 has been set aside by this Court, the Writ Petition No.3270 (MS) of 2014 also deserves to be allowed.
It has been informed by the counsel for the parties that at least one election has been held in pursuance of the order dated 03.06.2014 but this Court finds that while entertaining the writ petition and connecting it with Writ Petition No.178 (MS) of 2014, this Court had passed an order that the result of the election shall be subject to the final result of the writ petition. The result of the elections being made subject to the decision in the aforesaid two writ petitions by this Court, by means of an interim order, the elections held thereafter cannot be set to be legally held as once the foundation goes superstructure automatically falls. The order impugned dated 03.06.2014 is set aside.
Since this Court has set aside the order passed by the Dy. Registrar on 21.12.2013 and allowed the Writ Petition No.3270 (MS) of 2014, it cannot be said that the Committee of Management headed by the opposite party no.2 Mr. Kundesh Shukla is regularly elected Committee of Management. The Dy. Registrar is directed to find out as to how many members out of 61 members list which was utilized for holding the undisputed elections on 06.12.2009 are present and alive and thereafter issue a tentative list of members on the basis thereof, inviting objections from all concerned. Such exercise be completed within a period of three weeks. The objection should be filed within one week. While considering objections, the Dy. Registrar may also examine Agenda Register, Proceedings Register, Membership Fee Register and Bank passbook with regard to the members. The Dy. Registrar shall verify on the basis of parameters mentioned in Section 4 B of the Act alone.
The Dy. Registrar shall finalize the list within a further period of two weeks and circulate the Agenda for holding the elections of the Society thereafter within a further period of three weeks.
The entire exercise of holding of elections shall be completed by the Dy. Registrar in accordance with the Bye-laws of the Society within a maximum period of three months from the date a certified copy of the order is produced before the Authority concerned.
For a period of three months or till the declaration of the result of the election whichever is earlier, the Society shall be put under single hand operation to facilitate the payment of salary of the teaching and non-teaching staff.
Accordingly, Writ Petition No.3270 (MS) of 2014 is allowed.