Allahabad High Court
C/M Janta Vidhya Prachar Sabha And ... vs State Of U.P. And 2 Others on 21 October, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 21395 of 2022 Petitioner :- C/M Janta Vidhya Prachar Sabha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Sharma,Sr. Advocate Counsel for Respondent :- C.S.C.,Ashish Kumar Ojha,Neeraj Agrawal Hon'ble Salil Kumar Rai,J.
A request has been made on behalf of respondent no. 3 to adjourn the case.
The case was adjourned on 14th October, 2022 on the request of the counsel for the respondents and it was clarified that the case shall not be adjourned on the next date fixed which is today, i.e., 21.10.2022. In light of the previous order as well as the fact that the case is being listed as a fresh case since 7th September, 2022, the request for adjournment is rejected.
The present writ petition has been filed challenging the order dated 18th May, 2022 passed by the Deputy Registrar, Firms, Societies and Chits, District Meerut whereby the Deputy Registrar has accepted the list of 99 members submitted by one Lokendra Singh, the respondent no. 3.
In light of the order proposed to be passed and in view of the fact that the illegality in the order dated 18th May, 2022 is apparent from a reading of the order itself, no purpose would be served by calling a counter affidavit from the respondents.
A reading of the order dated 18th May, 2022 indicates that there was some dispute between different persons regarding the list of valid members of the Society and different lists were submitted before the Deputy Registrar. A list of 99 members was also submitted by respondent no. 3, i.e., Lokendra Singh. It appears from a reading of the order dated 18th May, 2022 that the last date fixed in the case was 17th September, 2021. On 18th September, 2021, the respondent no. 3 submitted copy of the proceedings dated 20th April, 2005 of the General Body of the Society and also the receipts issued to the allegedly enrolled members as well as a copy of the pass-book and the cash-book in support of list of 99 members submitted by him. The Deputy Registrar relying on the aforesaid documents has accepted the list submitted by respondent no. 3.
It was argued by the counsel for the petitioners that the documents referred by the Deputy Registrar to accept the list submitted by respondent no. 3 were not supplied to the petitioners and, therefore, the petitioners were not able to contest or deny the said documents. It was argued that the impugned order dated 18th May, 2022 passed by the Deputy Registrar so far as it accepts the list submitted by respondent no. 3 has been passed in violation of the principles of natural justice. It was further argued that the order dated 18th May, 2022 is a non-speaking order in as much as no reasons have been given in the same for accepting the list of members submitted by respondent no. 3.
The contention of the counsel for the petitioners regarding violation of the principles of natural justice is evident from a reading of the order dated 18th May, 2022. The order records the fact that 17th September, 2021 was the date fixed in the case and does not record any further date having been fixed in the case after 17th September, 2021. A reading of the order shows that the documents filed by respondent no. 3 in support of the list submitted by him were filed on 18th September, 2021. Apparently, the documents were not supplied to the petitioners or any other person objecting to the list submitted by respondent no. 3. The order dated 18th May, 2022 to that extent has been passed in violation of the principles of natural justice. A reading of the order dated 18th May, 2022 also shows that the Deputy Registrar has not recorded any finding regarding the objections filed by any person on the list submitted by respondent no. 3. Apparently, the order dated 18th May, 2022 is a non-speaking order and has been passed mechanically without any application of mind. It is further noted that the dispute before the Deputy Registrar was regarding the members of the General Body of the Society. In his order dated 18th May, 2022, the Deputy Registrar has recorded that the pass-book filed by respondent no. 3 in support of the list submitted by him were regarding the educational institution governed by the Society and were not regarding the parent society. Evidently, the bank pass-book could not have proved that the persons shown in the list submitted by respondent no. 3 were enrolled as members of the Society. For the aforesaid reasons, the order dated 18th May, 2022 is contrary to law and is liable to be quashed.
The order dated 18th May, 2022 passed by the Deputy Registrar, Firms, Societies and Chits, District Meerut is, hereby, quashed.
The matter is remanded back to the Deputy Registrar, Firms, Societies and Chits, District Meerut to pass fresh orders on the different lists submitted by the contesting parties after giving an opportunity of hearing to the affected persons. Fresh orders shall be passed by the Deputy Registrar within a period of three months from the date a certified copy of this order is produced before him.
With the aforesaid direction, the petition is allowed.
Order Date :- 21.10.2022 Satyam