Sri Khadeshwari Baba Jan Kalyan Samiti and Another vs State of U.P. and Others

Amreshwar Pratap Sahi, J.—Heard learned counsel for the petitioners and Sri K.S. Kushwaha who has put in appearance on behalf of the respondent No. 3. This petition has been filed by Sri Prabhat Ranjan claiming himself to be the Manager of Sri Khadeshwari Baba Jan Kalyan Samiti, Chandpur, Mustafabad, District Varanasi. The prayer made in the petition is to quash the entire proceedings initiated by the respondent No. 2 in relation to the dispute raised before him by the respondent No. 3. The contention is that the alleged dispute has been raised on the basis of a no-confidence motion cannot be looked into by the Assistant Registrar keeping in view the provisions of Section 25 of the Societies Registration Act, 1860. Sri Vinod Kumar Singh, learned counsel for the petitioner submits that this issue can only be looked into by the Prescribed Authority if at all it arises and is a bona fide dispute. He therefore, contends that the issue of no confidence motion as alleged cannot be gone into by the Assistant Registrar hence the proceedings before him be quashed.

Sri K.S. Kushwaha, learned counsel for the respondent No. 3 contends that the caption of the resolution of the no-confidence appears to have been wrongly tuned and termed, whereas the intention is to hold fresh elections, as the tenure of the petitioner''s committee has already expired. According to Sri Kushwaha the tenure of the committee of management which was elected in 2006 was three years and came to an end on 9.9.2009. He contends that the petitioners are illegally continuing on the strength of an alleged resolution dated 3.11.2008 extending the tenure of the committee which is impermissible in law. He submits that even if the tenure of the committee has been extended and the bye-laws have been amended, the same would not apply to the existing committee of management and would apply prospectively in view of the law laid down by the Division Bench in the case of Committee of Management, Arya Kanya Inter College and Another Vs. State of U.P. and Others, , which has been further followed by a learned single Judge in the case of Janta Adarsh Inter College Vs. State of U.P. and Others . He, therefore, submits that in view of the aforesaid settled legal proposition, this claim of the petitioners to continue as Office Bearers on the strength of the amendment cannot be accepted. The term of the erstwhile committee having come to an end, the Assistant Registrar is the only authority who can now proceed to hold elections under sub-section (2) of Section 25 of the Act.

In rejoinder Sri Singh submits that the aforesaid decisions, as relied upon by the learned counsel for the respondents, are in relation to the interpretation of the Scheme of the Administration framed under the U.P. Intermediate Education Act, 1921 and, therefore, the ratio thereof will not apply in the present case where the committee is of a society registered under the Societies Registration Act, 1860. He submits that there is no such bar contained either under the 1860 Act or under the bye-laws of the society and therefore, the ratio of the said decision will not be attracted. He further contends that the petitioners have already held fresh elections on 22nd March, 2012 and the list of office bearers has already been registered.

In the aforesaid circumstances, the Assistant Registrar has no Jurisdiction to entertain the nature of the dispute as raised by the petitioners.

Having heard learned counsel for the parties, the issue raised directly relates to the continuance or otherwise of the office bearers of the society. In the opinion of the Court, the proceedings before the Assistant Registrar, therefore, would not be within his jurisdiction keeping in view the provisions of Section 25 of the Act.

Sri Kushwaha contends that the petitioners themselves have submitted to the said jurisdiction and have filed objections and therefore, such a plea cannot be taken by them as they have acquiesced to the authority of the Assistant Registrar. This Court is unable to agree with the aforesaid proposition inasmuch as if the Assistant Registrar does not have the jurisdiction to decide the dispute relating to either a no-confidence motion or the election of the Society, then even if the petitioners have filed their objections, the same will not amount to an acquiescence to a jurisdiction which otherwise is not possessed under the statute by the Assistant Registrar. The Assistant Registrar has not passed orders as yet and, therefore, nothing has occurred so as to attract estoppel or acquiescence. It is at this stage of objections itself that the petitioner has challenged the Jurisdiction of the Assistant Registrar and therefore, there is no acquiescence. There could have been some scope of argument if the Assistant Registrar after passing the order had further acted upon, but even that is not possible in view of the Division Bench judgment in All India Council and Another Vs. Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi and Another, . Reference be had to the decisions of the Supreme Court in Kanwar Singh Saini Vs. High Court of Delhi, .

In the aforesaid circumstances, no useful purpose would be served by keeping the matter pending inasmuch as the grievance of the respondent No. 3 can only be redressed provided there is a declaration that the tenure of the erstwhile committee had come to an end and the petitioners had no right to hold fresh elections as claimed by them. For this, the respondent No. 3 will, therefore, have to approach the Prescribed Authority in terms of Section 25 of the Societies Registration Act. Accordingly, the writ petition is allowed. The proceedings before the Assistant Registrar are quashed. The Assistant Registrar shall remit the entire documents to the Prescribed Authority of the area concerned who shall now proceed to examine the said claim of the respondent No. 3 in the light of the observations made hereinabove and decide the matter preferably within three months of the date of presentation of the certified copy of this order.