Allahabad High Court
Mahatma Gandhi Ashram Khandwa Ballia ... vs State Of U.P. And 2 Others on 27 February, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 39 Case :- WRIT - C No. - 58493 of 2017 Petitioner :- Mahatma Gandhi Ashram Khandwa Ballia And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P. Singh,Dhirendra Singh Counsel for Respondent :- C.S.C.,Krishna Mohan Singh,Mohd.Naushad Hon'ble Ashwani Kumar Mishra,J.
1. This writ petition is directed against an order dated 31st October, 2017, passed by the Sub Divisional Magistrate, Belthara Road, Ballia, whereby applications dated 30.6.2001 and 2.11.2013 filed by late Banwari Chaudhary and petitioner no. 2 respectively, in Case No. 1/95, Kedar Vs. Keshav, under Section 25 of the Societies Registration Act, 1860 have been rejected.
2. It is alleged that Mahatma Gandhi Ashram, Khandwa, Ballia is a society registered under the provisions of the Societies Registration Act, 1860, which is running a recognized Intermediate Institution, namely Uchchattar Madhyamik Vidyalaya, District Ballia. The society was originally registered in the name of Sri Gandhi Harijan Ashram, Khandwa, Ballia. It was in the year 1969 that the name of the society was changed to Mahatma Gandhi Ashram, Khandwa, Ballia. The society has its bye-laws and is also registered. It appears that in 1984 three sets of parallel elections to constitute committee of management of the society were submitted before the Assistant Registrar, Firms, Societies and Chits, Varanasi. The Assistant Registrar referred the dispute on 5.9.1984 to the Sub Divisional Magistrate. This reference was dismissed in default on 31.1.1999, but the proceedings were restored and ultimately an order came to be passed by the prescribed authority on 7.6.2001. The prescribed authority noticed that the original society registered on 22.12.1956 had changed its name to Mahatma Gandhi Ashram, Khandwa, Ballia and thereafter its name was again changed to Khandwa Bahudhandi Samiti, Khandwa, District Ballia. The factions, who had claimed themselves to be the office-bearers of the society, apparently had pressed their claim with reference to the separate names that existed for the society from time to time. The claim of Girish Chandra Pandey was accepted by the Sub Divisional Magistrate and the registration was also renewed in his name. Banwari Chaudhary filed an application for recall of the order dated 7.6.2001 primarily on the ground that the order is ex-parte, and the prescribed authority stayed his order on 3.7.2001. The order of stay was challenged by Girish Chandra Pandey in Writ Petition No. 29353 of 2001 and an interim order was passed therein on 8.8.2001 staying the order dated 3.7.2001. The stay order, however, was vacated on 4.10.2004. The Sub Divisional Magistrate withdrew his orders dated 7.6.2001 and 3.7.2001 and restored the proceedings to its original number vide order dated 12.1.2006. The order dated 12.1.2006 was challenged by filing writ petition no. 8527 of 2006 (Girish Chandra Pandey Vs. State of U.P. & 4 others) and the order of prescribed authority was stayed by this Court. The prescribed authority also recalled his order dated 12.1.2006 on 27.1.2011. The original writ petition no. 29353 of 2001 was accordingly got dismissed as having become infructuous on 19.9.2011. Writ Petition No. 8527 of 2006 was also dismissed for want of prosecution.
3. An application apparently was filed before the Sub Divisional Magistrate to recall his order dated 27.1.2011. The Sub Divisional Magistrate, however, has rejected the application filed by the present petitioner as also filed by late Banwari Chaudhary vide his order dated 31.10.2017. Aggrieved by this order, the petitioner is before this Court.
4. Before proceeding further it would be appropriate to note that the society is running a Uchchattar Madhyamik Vidyalaya at Khandwa, District Ballia, which has a recognized scheme of administration. The scheme of administration states that Intermediate Institution is being run by a parent society, namely Mahatma Gahandi Ashram, Khandwa, Ballia. The dispute raised by the petitioners essentially is to the effect that the society with its changed name i.e. Mahatma Gandhi Ashram, Khandwa, Ballia was continuing and the subsequent change in the name of society i.e. Khandwa Bahudhandi Samiti, Khandwa, District Ballia, was obtained surreptitiously. It is also alleged that the order passed by the prescribed authority has failed to examine the legality of the alleged proceedings undertaken for change of name in the ex-parte order passed on 7.6.2001. It is alleged that the society in the name of Mahatma Gandhi Ashram, Khandwa, Ballia continues to exist with its members electing and constituting the managing committee and the claim set up by the respondents based upon change in the name of society, is a result of manipulation and fraud. It is urged that the dispute as to whether the society continues in the name of Mahatma Gandhi Ashram Khandwa, Ballia or its name was validly changed to Khandwa Bahudhandi Samiti, Khandwa, District Ballia continues to remain a relevant aspect which is yet to be determined.
5. Heard Sri J.P. Singh, learned counsel for the petitioners, Sri Prabhakar Awasthi, learned counsel for the contesting respondent and have perused the materials brought on record.
6. The dispute giving rise to filing of the present petition is primarily on the question as to whether the society registered in the name of Mahatma Gandhi Ashram, Khandwa, Ballia had changed its name to Khandwa Bahudhandi Samiti, Khandwa, District Ballia. Depending upon the outcome of such determination the other question which would crop up for adjudication is as to who are the valid members of the society in question.
7. A perusal of the order dated 7.6.2001 would go to show that the prescribed authority has noticed that the original society was registered on 22.12.1956 and has subsequently changed its name to Mahatma Gandhi Ashram, Khandwa, Ballia and thereafter to Khandwa Bahudhandi Samiti, Khandwa, District Ballia. While returning such a finding the concerned authority has not examined as to whether change in the name of society was undertaken by following the procedure specified in the Act of 1860. Although applications after applications and litigation continued with repeated writ petitions being filed before this Court, but there does not appear to be any informed decision after hearing the parties concerned on the question as to what is the true name of the society, inasmuch as, whether it is Mahatma Gandhi Ashram, Khandwa, Ballia or its name has been changed to Khandwa Bahudhandi Samiti, Khandwa, District Ballia after following the procedure contemplated in the Act of 1860. The dispute in that regard was required to have been determined by the Assistant Registrar, inasmuch as, the prescribed authority only had the jurisdiction to decide any dispute of office-bearers under Section 25(1) of the Act of 1860. The dispute before the prescribed authority was in respect of dispute of office-bearers of the year 1984 and its term had expired long back by the year 2001. Much water had flown and the very nature of dispute had substantially changed by then. As subsequent elections, etc. had already intervened by then, the primary question was as to whether the change in the name of society had been undertaken after following the procedure prescribed. The present petitioner admittedly was not an office-bearer in the year 2001 and Banwari Chaudhary, who had filed the initial recall application has already died. In that view of the matter, it would be appropriate that the dispute relating to society in question be remitted to be examined afresh by the Assistant Registrar, Firms, Societies & Chits. The parties shall appear before the Assistant Registrar, Firms, Societies & Chits on 16th March, 2020. The Assistant Registrar shall examine as to whether the name of society continues as Mahatma Gandhi Ashram, Khandwa, Ballia and whether the proceedings for change of its name was undertaken after following the procedure stipulated in the Act of 1860. Based upon such determination, the Assistant Registrar shall also proceed to get the list of members of society determined and all consequential action would be taken accordingly. In order to facilitate such consideration, the order impugned dated 31st October, 2017, passed by the Sub Divisional Magistrate, Belthara Road, Ballia, stands quashed.
8. The writ petition is allowed. No order is passed as to costs.
Order Date :- 27.2.2020 Ranjeet Sahu