Allahabad High Court
Committee Of Management Janta Vidya ... vs State Of U.P. And 2 Others on 16 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:163953 Court No. - 10 Case :- WRIT - C No. - 13842 of 2023 Petitioner :- Committee Of Management Janta Vidya Prachar Sabha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bheem Singh,Aalok Singh Counsel for Respondent :- C.S.C.,Mahesh Sharma Hon'ble Kshitij Shailendra,J.
1. Heard Shri Bheem Singh, learned counsel for the petitioners, learned Standing Counsel and Shri Mahesh Sharma, learned counsel for the respondent no.3.
2. The list of certain members was declared as valid by the Deputy Registrar by an order dated 18.05.2022. The said order was assailed by respondent no.3 before this Court by filing Writ C No.21395 of 2022 (C/M Janta Vidhya Prachar Sabha & another v. State of U.P. & 2 others) which was allowed by the Co-ordinate Bench of this Court by the order dated 21.10.2022 and the order dated 18.05.2022 was set aside and the matter was remanded to the Deputy Registrar, Firms, Societies and Chits, District Meerut to pass fresh orders on different lists submitted by the contesting parties after giving an opportunity of hearing to the affected parties.
3. The petitioners filed Special Appeal No.24 of 2023 (Lokendra Singh v. State of U.P. & 3 others) challenging the order dated 21.10.2022. The Division Bench, by the following order, dated 19.01.2023 stayed the effect and operation of the order passed by the Single Bench till the next date of listing.
"Heard Sri Bheem Singh, learned counsel for the appellant and Sri Mahesh Sharma, learned counsel for respondent nos. 3 & 4.
The short submission of the learned counsel for the appellant is that the order impugned in this appeal was passed ex-parte by the learned single Judge without giving any opportunity of hearing to the appellant, who was arrayed as respondent no. 3 in the writ petition. It has also been argued that the learned single Judge was swayed by the recital in the order impugned that the last date fixed for hearing was 17.09.2021 whereas certain documents submitted by the appellant, on 18.09.2021, that is, after the last date, were taken into consideration and therefore, the order was in violation of the principle of natural justice. It has been submitted that the aforesaid recital in the order was a typographical mistake because from the document brought on record in this appeal at page 257 of the paper book, it becomes clear that on 7.3.2022 notices were issued to the parties, fixing 25.03.2022 as the date for further hearing of the matter. It has, therefore, been submitted that the order passed by the learned single Judge is liable to be set aside and a fresh order be passed only after hearing the appellant.
Sri Mahesh Sharma, who appears for the contesting respondent nos. 2 & 3, states that he may be given opportunity to file counter affidavit to the affidavit filed by the appellant in this appeal.
As prayed by him, list this matter as fresh on 9 February, 2022. In the meantime, counter affidavit may be filed.
Till the next date of listing, effect and operation of the order dated 21.10.2022 passed in Writ - C No. 21395 of 2022 shall remain stayed."
4. It is contended that interim order passed by the Special Appellate Bench is being extended from time to time and is operative and counter and rejoinder affidavits in the aforesaid Special Appeal have also been exchanged.
5. The grievance of the writ petitioners is that when the Electoral College was finalized on 18.05.2022 which order is still operative in view of the proceedings of Writ C No.21395 of 2022 (C/M Janta Vidhya Prachar Sabha & another v. State of U.P. & 2 others) and Special Appeal No.24 of 2023 (Lokendra Singh v. State of U.P. & 3 others), the petitioners held elections and when the proceedings were submitted before the Deputy Registrar for according approval, the Deputy Registrar has called upon the petitioners to clarify the situation as to when the Society had become defunct/time barred on 20.06.2022 as to how the elections can be held by the petitioners and as to whether any authority to conduct elections vested in the petitioners.
6. The submission of learned counsel for the petitioners is that the Deputy Registrar, though in the first paragraph of the letter dated 06.03.2023, has made a reference of the order dated 18.05.2022, he has discussed neither the effect of the order passed in Writ C No.21395 of 2022 (C/M Janta Vidhya Prachar Sabha & another v. State of U.P. & 2 others) nor the order passed in Special Appeal No.24 of 2023 (Lokendra Singh v. State of U.P. & 3 others) and, therefore, seeking explanation from the petitioners was thoroughly unwarranted.
7. Shri Mahesh Sharma, learned counsel for the respondent no.3 submits that order of the learned Single Judge was stayed only for the reason that the same was ex-parte. He further submits that even Special Appellate Court has passed an interim order, the same would not ipso facto nullify the order passed by the learned Single Judge and in this regard, he has placed reliance upon judgment of Supreme Court in the case of M/s. Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, Madras reported in AIR 1992 SC 1439
8. The Supreme Court in the aforesaid case has held that passing of interim order does not wipe off the existence of the order under challenge.
9. Having heard learned counsel for the parties, I find that order dated 18.05.2022 was set aside by the learned Single Judge and the said order has been stayed by the Division Bench. The order passed by the Special Appellate Bench has material bearing on the controversy as there is nothing on record to demonstrate that any order runs contrary to the decision of the Deputy Registrar taken on 18.05.2022. The respondents do not get any benefit out of decision of the Apex Court in the case of M/s. Shree Chamundi Mopeds Ltd. (supra) as the validity of the elections has to be adjudicated on the basis of determination of the Electoral College and this Court cannot observe that the order of the learned Single Judge in Writ C No.21395 of 2022 (C/M Janta Vidhya Prachar Sabha & another v. State of U.P. & 2 others) is still operative.
10. Though there may be substance in the submission of learned counsel for the respondent no.3 that the order dated 18.05.2022 otherwise lacks merit as, according to him, the same was passed ignoring the previous proceedings, so long as the Special Appeal is pending and the interim order is operative, no opinion contrary to the decision taken by the Deputy Registrar in his order dated 18.05.2022 can be formed.
11. However, I find that there is nothing on record to demonstrate that pursuant to the letter dated 06.03.2023, the petitioners have submitted their explanation before the Deputy Registrar and learned counsel for the petitioners, when asked, submits that immediately after issuance of letter dated 06.03.2023, present writ petition has been filed.
12. In view of the above, this writ petition is being disposed off permitting the parties to the litigation to make their submissions before the Deputy Registrar in the light of the aforesaid narration of facts and the proceedings held up-to-date.
13. It is also open for the parties to get the Special Appeal decided by moving application before the concerned Hon'ble Division Bench.
14. As soon as the papers are submitted before the Deputy Registrar, as permitted by this Court, appropriate decision shall be taken within three months after providing full opportunity of hearing to the parties strictly in the light of proceedings held so far and directions of this Court would not clothe the Deputy Registrar to review his order dated 18.05.2022.
Order Date :- 16.8.2023 Jyotsana