Vikas Tyagi vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Mr. Sharad Sharma, Senior Advocate assisted by Mr. M.S. Tyagi and Mr. Sandeep Kothari, Advocate, present for the petitioner.

Mr. Paresh Tripathi, learned Addl. Chief Standing Counsel, present for the State/respondent Nos. 1 to 4.

Mr. Parikshit Saini, Advocate, present for the State/respondent No. 5.

Mr. Arvind Kumar Sharma, Advocate, present for the intervener.

Since the controversy involved in these writ petitions is similar, these writ petitions are being decided with a common judgment. However, the facts which are being narrated relate to Writ Petition No. 2574 (MS) of 2012.

The dispute which has been raised in the present writ petition is regarding induction of certain persons as member of the Society. The Society in turn has to elect a Committee of Management which runs an educational institution. Since the election of the Committee of Management had already been notified, this Court on 28.12.2012, did not interfere in the matter except that the result be not declared expeditiously.

Against the interim order dated 28.12.2012, respondent No. 5 filed a Special Appeal which was been dismissed. However, in the review, orders were passed to decide the writ petition expeditiously.

Heard Mr. Sharad Sharma, learned Senior Counsel with Mr. M.S. Tyagi, Advocate for the petitioner, Mr. Paresh Tripathi, learned Addl. Chief Standing Counsel for the State of Uttarakhand/respondent Nos. 1 to 4, Mr. Parikshit Saint, for respondent No. 5 and Mr. Arvind Kumar Sharma for the intervener.

Since the matter ultimately will involve appreciation of disputed questions of fact and further since the Registrar, Societies, Chit Fund has the power to decide about the membership u/s 25 of the Societies Registration Act, the matter is disposed of with the direction to the Registrar, Societies and Chit Fund to look into the matter and decide the validity of membership of such members whose names appear on the electoral roll and whose validity has been challenged by the petitioner in the present writ petition. The petitioner further alleges that these members are being backed by a certain influential persons. It is also the contention of Mr. M.S. Tyagi and Mr. Arvind Kumar Sharma, Advocate that although they have deposited the fee but they have not been made members of the Society. The Registrar shall also look into the matter as to whether such members were validly made members made as such after due process of law and if so declare them valid members, otherwise their validity cannot be upheld. The Registrar is directed to look into the matter in great detail and in case he comes to the conclusion that the membership is 3 valid, he must give a speaking order to that effect giving details of the manner in which each person became member of the Society. If he comes to the conclusion that those members are wrong and invalid, in the same manner he should give reasons.

Let the Registrar, Societies and Chit Fund decide the matter as expeditiously as possible but definitely within a period of 8 weeks from the date a certified copy of this order is produced before him.

It is also made clear that the Registrar shall hear the rival claims, if any, placed before him.

Till a decision is reached by the Registrar, the result of the election which is subject matter of the writ petition shall not be declared. Subject to the decision of the Registrar the authority concerned shall take a decision regarding declaration of result. In case the membership is valid then there should be no further impediment in the declaration of the result.

There was a certain list submitted by the State Counsel before this Court which was made part of the record by this Court, Registry is directed to send the same in a sealed envelop to the Registrar, Societies who has been directed to decide the present matter.

The writ petition stands disposed of. No order as to costs.