AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioners as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents No.1 to 5 and Mr. R.G. Chakraborty, learned counsel appearing for the respondent No.6.
The petitioner is a Society, registered under the Societies Registration Act, 1860 in the name and style of Sri Sri Bhubhaneswar Sadhu Thakur Seva Ashram by virtue of the memorandum of Association adopted by the members of the said society [Annexure-R/1 to the reply filed by the respondent No.5]. The petitioner has made serious allegations against the respondents No.1 to 4 that by trampling the law by the memorandum dated 18.07.2018 [Annexure-5 to the writ petition] an illegal meeting was convened on 26.07.2018 at 4.30 p.m. in the Conference Hall (1st Floor) of the District Magistrate & Collector, North Tripura for having purported discussion on smooth functioning of Sri Sri Bhubhaneswar Sadhu Thakur Seva Ashram, New Motor Stand, Rajbari, Dharmanagar. In terms of the said notice, a meeting was held and the purported resolution was taken in the said meeting on the basis of the detailed enquiry conducted by the Additional Sub-Divisional Magistrate, Dharmanagar. From the minutes of the meeting held on 26.07.2018 at 4.30 p.m. in the Conference Hall of Uttar Tripura Zilla Parishad (UTZP), the same conference hall, in connection with smooth functioning of Bhubaneswar Sadhu Thakur Seba Ashram situated at New Motor Stand, Rajbari, Dharmanagar, North Tripura, it surfaced that the following resolutions were adopted:
"1. The Bhubaneswar Sadhu Thakur Seba Ashram, New Motor Stand, Rajbari, Dharmanagar, North Tripura often found under lock & key condition. It is also come to light at the time of inspection in several days during the month of May, 2018.
The condition of the Ashram area is un-cleaned and full of jungle and in unhygienic condition due to improper management.
There is every possibility that some anti social activities may be held during night time. It is due to lack of proper management.
It has been suggested in the enquiry report to call an open meeting with all stakeholders."
Based on the said findings of the Additional Sub-Divisional Magistrate carried out at the insistence of Deputy Speaker, Tripura Legislative Assembly, a committee was formed with 44 persons and the SDM, Dharmanagar has been made the president by virtue of his post. The said committee was formed in the said meeting. In the minutes, the following observation was as well made :
"Inspite of invitation, the existing Executive Committee Members of Bhubaneswar Sadhu Thakur Seba Ashram remained absent without any information. In the open meeting it has been requested to all to represent the views of the participants. In the discussion, Sri Dipu Sinha, Sri Nilkanta Sinha and Arun Kumar Sinha took part. As per record submitted by one Sri Dipu Sinha which received through RTI from the Deputy Registrar of Cooperative Societies vide no.F.4(RTI-18/DS/Coop/2014/13,266, dated 15.11.2014, it appears that out of 9 members committee which was registered, 5 nos. of members already expired only 4(four) members are alive and it is thus very much needed for the reformation of the Management Committee. Also the Additional SDM, Dharmanagar, Dharmanagar took part in the discussion and shared his experience after the enquiry made by him."
By the order dated 12.10.2018 passed by this court it was observed that :
"Viewed thus, this Court is prima facie satisfied that illegal interference has been made by the SDM, Dharmanagar, the respondents herein.
In terms of the said observation the new committee as shown in Annexure-7 to the writ petition will not interfere with the functioning of said Sri Sri Bhubaneswar Sadhu Thakur Seba Ashram and all its operations are stayed till the next date."
Interim order was continued till 23.05.2019 when the following order was passed :
"The interim order, passed earlier shall continue till the next date."
Mr. R.G. Chakraborty, learned counsel appearing for the respondent No.6 has submitted that the committee did not take any action on the basis of the said resolution which has been challenged in this petition.
Mr. S. Bhattacharjee, learned counsel appearing for the petitioners have submitted that the observation of the said meeting is grossly incorrect, inasmuch as, the petitioners have filed a copy of the resolution adopted in the meeting held on 01.04.2018 by forming a new Executive Committee [see Annexure-2 to the writ petition]. Mr. Bhattacharjee, learned counsel has further submitted that the said committee has continued and they are keenly looking after the management of the society. Mr. Bhattacharjee, learned counsel has also submitted that the petitioner No.2 is the Secretary of the said society and in terms of Clause-17 of the bi-laws read with Section 6 of the Societies Registration Act, 1860, he has the general authorisation to sue any person and on the basis of that authority, this writ petition has been filed.
This court on scrutiny of the records finds that regarding the formation of the committee or process of such formation was challenged in T.S. No.03 of 2015 instituted by Sri Kamala Sinha and Sri Krishna Gopal Sinha where the respondents No.3 and 4 were parties. Thus, the first executive committee was succeeded by the subsequent committees. The suit against the formation of the executive committee of the petitioner No.1 was dismissed and that judgment of dismissal has been affirmed by the first appellate court, and the judgment of the first appellate court was never challenged. Hence, this court is of the primafacie view that there exists an executive committee to look after the management of the petitioner No.1. However, the grievance that has been recorded in the meeting held on 26.07.2018 by the persons who were no way related as the member of the said society, at least there is no averment. Hence, they have no business to interfere with the management of the said society. If the Sub-Divisional Magistrate had any difficulty with the said management committee, he had two options before him, viz :
(1) To hold discussion with the said committee and (2) to make a formal complaint against the said society to the Registrar of the societies who has the statutory power to enquire into the allegations. The said Registrar has power to take action on the ground of mis-management.
The Registrar of Societies has the power to intervene with the functioning of the society. But that power is strictly limited, inasmuch as, the mis-management has to be alleged succinctly, supported by the documents. But here in this case, we have not come across any such materials, even though all the respondents have filed their reply.
Having noticed thus, this court does not have any inhibition to hold that the formation of the committee in the meeting held on 26.07.2018 in the Conference Hall of Uttar Tripura Zilla Parishad (UTZP) nominating the Sub-Divisional Magistrate as the President of the said committee for purpose of management of the petitioner No.1 is wholly illegal and accordingly, the said resolution forming the said committee is set aside. None of the persons of the said committee will have any authority or power to interfere with the management of the petitioner No.1. It is made further clear that if any person does have any allegation against the management of the said society [the petitioner No.1] they have their avenue to redress by filing a complaint to the Registrar of Societies, Government of Tripura. The Registrar of Societies has duties and obligations to supervise how the societies are functioning and whether their management is being carried out in terms of the memorandum of association as certified by him in terms of Section 2 of the Societies Registration Act, 1860 or not. The Registrar has right to enforce the provisions of the Societies Registration Act qua the memorandum of Association.
Having observed thus, this petition stands allowed to the extent as indicated above.
There shall be no order as to costs.