Kamlesh Kumar Mishra vs Assistant Registrar Firms Societies and Chits

Rajiv Sharma, J.—Dr. L.P. Mishra, learned Counsel has moved an application for impleadment for impleading Committee of Management, Janta Inter College, Balipur, Hiraganj, District Pratapgarh through its Manager Satish Chandra Dwivedi and Sri Satish Chandra Dwivedi aged about 61 years son of Sri Jagdish Prasad Dwivedi, resident of Village Goghar, post Jhingur, Tehsil Kunda, District Pratapgarh, as opposite parties Nos. 2 and 3 in array of the opposite parties. The same is taken on record.

Sri L.P. Shukla, learned Counsel for the Petitioner submits that he has no objection in case the impleadment application be allowed.

Application for impleadment is allowed.

Let applicants be impleaded as opposite parties Nos. 2 and 3 in array of the opposite parties during the course of day.

Heard Sri L.P. Shukla, assisted by Sri Som Kartik, learned Counsel for the Petitioner and Dr. L.P. Mishra, learned Counsel for the opposite parties Nos. 2 and 3 and Sri M.B. Singh, learned Counsel for the opposite party No. 1.

With the consent of the learned Counsel for the parties, the writ petition is being disposed of finally at the admission stage itself.

By means of instant writ petition, the Petitioner has assailed the order dated 14.1.2011 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad as well as the list of 26 members of the General Body of the Society declared and forwarded by the Assistant Registrar along with the order dated 14.1.2011 as contained in Annexure No. 1 to the writ petition inter alia on grounds that as per provision of Section 4-A of the bye-laws of the Society, General Body of the Society shall not consist of more than 18 members but by means of order dated 14.1.2011, the Assistant Registrar had altered/modified the number of members of General Body and forwarded the same, which is beyond the jurisdiction of the Assistant Registrar, Allahabad.

Notice were issued and Sri M.B. Singh, Advocate, had put in appearance on behalf of the opposite party No. 1 and he was directed to seek instruction in the matter.

Sri L.P. Shukla, learned Counsel for the Petitioner has filed an application for disposal of the writ petition duly supported by an affidavit, which is taken on record.

Learned Counsel for the parties has submitted that they have entered into a compromise. They have no objection in case both parties i.e. Petitioner as well as opposite parties Nos. 2 be allowed to include nine members each of groups i.e. Group ''Ka'' and Group ''Kha'' as per the compromise entered between parties, on the basis of which, writ petition No. 4915 of 1984 was disposed of vide judgment and order dated 26.4.1995 and as such, the instant writ petition may be disposed of in terms of the compromise dated 26.4.1995.

Considering the facts and circumstances of the case and also with the consent of the learned Counsel for the parties, the writ petition is allowed in terms of the compromise. The order dated 14.1.2011 passed by the opposite party No. 1 is hereby set-aside in terms of the compromise. The election, which is scheduled to be held tomorrow i.e. 10.2.2011, shall be deferred and will be held as per list of the members of 18 members comprising nine members of each group as per the compromise entered between the parties. The date will be notified by the DIOS within three days from today. The DIOS will hold the election as per the list of members contained in the compromise and shall decided within next fifteen days from the certified copy of this order as per the compromise entered into between the parties in the year 1984.