Allahabad High Court
John Augustine vs Sanjay Kumar Singh, Assistant ... on 20 October, 2022
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 27.09.2022 Delivered on 20.10.2022 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4754 of 2022 Applicant :- John Augustine Opposite Party :- Sanjay Kumar Singh, Assistant Registrar Firms Societies And Chits And 3 Others Counsel for Applicant :- Deepak Kumar Alongwith Case :- CONTEMPT APPLICATION (CIVIL) No. - 5127 of 2022 Applicant :- The Allahabad High School Society Prayagraj And 3 Others Opposite Party :- Shri Sanjay Kumar Singh And 4 Others Counsel for Applicant :- Hritudhwaj Pratap Sahi,Bindeshwari Prashad Tiwari,Sankalp Narain Hon'ble Rohit Ranjan Agarwal,J.
1. These two contempt applications under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "Act of 1971") have been filed for punishing the opposite parties for deliberately and wilfully flouting and disobeying the interim order dated 05.06.2015 extended on 28.7.2022 passed in Writ - C No.34333 of 2015 as well as undertaking given by State Counsel on behalf of opposite party No.1 recorded in the order dated 13.12.2021 passed in Writ - C No.32465 of 2021.
2. The applicant before this Court in Contempt Application No.4754 of 2022 John Augustine is the Bishop of Diocese of Lucknow (CIPBC) and the Contempt Application No.5127 of 2022 has been filed at the behest of four applicants, being Allahabad High School Society, Prayagraj through its Secretary Dr. Lydia R. Anthony; Mr. David A. Luke, Principal, Boys' High School & College; and Dr. Vinita Eusebius, Principal, Girls' High School & College.
3. During pendency of the contempt proceedings, Morris Edgar Dan was impleaded as opposite party No.5 vide orders of the Court dated 22.8.2022 and 13.9.2022 respectively in both the contempt applications.
4. On 13.09.2022, counsel appearing in Contempt Application No.5127 of 2022 had made a statement that applicants No.3 and 4 i.e. Principal, Boys' High School & College and Principal, Girls High School & College were not pressing the contempt application and have withdrawn from the contest.
5. This is a case which has a long chequered history where three faction are fighting for control over the management and finance of the Society. The present contempt proceedings launched at the behest of the applicants is the result of fight in between these three faction mainly for the control and finances of two premier institutions of the city of Prayagraj namely Boys' High School & College (hereinafter called as "BHS") and Girls' High School & College (hereinafter called as "GHS"). Each of the factions has put claim and control over the Society known as "Allahabad High School Society" which is registered under the Societies Registration Act, 1860.
6. A brief glimpse of the facts are necessary for better appreciation of the case. It was in the year 2007 that certain amendments were made in the bye-laws of the Society for streamlining the administration. It was given to the Assistant Registrar, Firms, Societies and Chits, Allahabad (hereinafter called as "Assistant Registrar") on 29.5.2007 and thereafter an affidavit was filed on 30.05.2007. It was in the year 2009 that opposite party No.5 Morris Edgar Dan was elected as Bishop of Diocese of Lucknow and on coming to know about the amendments, the same was raised with the Assistant Registrar, who on 24.7.2010 annulled the resolution affecting amendment in bye-laws dated 28.5.2007.
7. The Allahabad High School Society (hereinafter called as "Society") through its then Secretary C.V. Ines, who was also the Principal of BHS at that time filed Writ Petition No.46551 of 2010. Another Writ Petition (C) No. 75505 of 2010 was filed by The Lucknow Diocesan Trust Association, which was heard and decided together vide judgment dated 22.02.2011 and the order passed by Assistant Registrar was upheld. Against the said judgment, Special Appeal No.281 of 2011 was preferred which was dismissed, whereagainst Special Leave Petition No.9353 of 2011 was preferred before Hon'ble Apex Court, which was also dismissed and the order passed by the writ Court was upheld. Subsequently, on 18.4.2011 the Annual General Meeting of the Society was held where a Governing Body was constituted in which Mr. Harrison Ram Mall and applicant No.2 Dr. Lydia R. Anthony or Mr. David Luke were authorized to operate the bank accounts of BHS and GHS.
8. An application to register the list of office bearer of 2011-12 was given by Mr. H.R. Mall on 19.4.2011 pursuant to which hearing was done by the Assistant Registrar and on 18.5.2011 list of office bearers was registered under Section 4(1) of the Act of 1860.
9. Pursuant to the registration of list by the Assistant Registrar on 18.5.2011, an application was given by one John Augustine, the applicant of Contempt Application No.4754 of 2022 claiming himself to be the Bishop of Church of India, Pakistan,Burma and Cylon to review and recall the order dated 24.7.2010. The said claim was based upon the letter from the office of the then Hon'ble Chief Minister dated 23.04.2012. The Registrar, Firms, Societies and Chits, Lucknow sent communication to the Assistant Registrar at Allahabad to relook into the matter and submit its report. The orders dated 23.04.2012 and 14.05.2012 were challenged by the Allahabad High School Society before this Court through Writ Petition No.31962 of 2012 and the writ Court vide order dated 05.07.2012 stayed further proceedings in pursuance of the order dated 14.5.2012.
10. In the meantime opposite party No.5 on 02.05.2013 was sent on leave as Bishop of Diocese of Lucknow by the Synod Church of North India, New Delhi. The said action was challenged and a Civil Suit No.173 of 2013 was filed which was dismissed.
11. On 17.10.2013 the Annual General Meeting of the Society was held for electing the Governing Body for the year 2013-14 wherein one G.Daud was elected as Secretary of the Society and the list was forwarded to the Assistant Registrar. Again on 02.09.2014 another Annual General Meeting of the Society took place and G.Daud was elected as Secretary and list of members was forwarded for the year 2014-15 to the office of Assistant Registrar.
12. The Assistant Registrar on 26.05.2015 while considering the list of office bearers of the Society for the year 2013-14 and 2014-15 and also while adjudicating an application preferred by John Augustine, the applicant of Contempt Application No.4754 of 2022, found that the members of Committee of Management for the year 2013-14 are members of Church of North India and they have no claim and connection with the Church of India, Pakistan, Burma and Cylon (CIPBC). Thus, the list submitted by G.Daud was not accepted and the claim of John Augustine was accepted and he was directed to constitute the Committee of Management as per bye-laws of the Society.
13. The Society through its Secretary G.Daud challenged the order dated 26.05.2015 before this Court though Writ-C No.34333 of 2015, wherein on 05.06.2015 the Court directed the parties to maintain status quo. On 14.03.2016 G.Daud tendered his resignation. The said fact was intimated by then Chairman of the Society Peter Baldev. Thereafter one Rakesh Chattree was elected as Secretary of the Society on 15.03.2016 upon which the Assistant Registrar on 18.03.2016 passed an order directing the Bank that accounts of the Institutions were to be operated under the joint signatures of Rakesh Chattree and Smt. Swapna Chatterjee along with signatures of Principal of the Institution.
14. As the order was in violation of the interim order passed by this Court dated 05.06.2015, on a complaint made by one Devid Deen on 28.5.2016, the order dated 18.03.2016 was recalled by the Assistant Registrar and from there on the Bank Accounts were being operated under the joint signatures of G.Daud and principals of the Institutions. On 20.03.2020 G.Daud died and Bank account was put in a faux pas.
15. On 27.4.2020 and 06.05.2020 Principal of BHS and GHS gave application to the Assistant Registrar, Prayagraj for issuing appropriate direction for operation of bank accounts and disbursement of salary to the teaching staff of the institution in view of ongoing pandemic i.e. COVID-19. The Assistant Registrar on 04.05.2020 and 16.05.2020 passed two orders in respect of both the institutions i.e. BHS and GHS for operation of bank account single handedly by the principal of the respective institutions. Both the orders were put to challenge through Writ-C No.10855 of 2020; 10732 of 2020 and 23654 of 2020, but no interim order was granted in either of the cases by this Court.
16. On 15.03.2021, opposite party No.5 filed an application before Assistant Registrar for registration of the list of office bearers of the Society, he being the Chairman of the Society and bank accounts of the institution be operated by the signatories appointed by him.
17. As the application was not processed by the Assistant Registrar, Writ-C No.32465 of 2021 was preferred by opposite party No.5 seeking a writ of mandamus. The writ Court on 13.12.2021 while disposing of the petition found that as Writ Petition No.34333 of 2015 was still pending and interim order was operating, the application filed by opposite party No.5 cannot be processed and the said fact was to be conveyed to the opposite party No.5 by the Assistant Registrar.
18. Complying the order of writ Court, the Assistant Registrar on 31.12.2021 apprised opposite party No.5 about the said fact that the list for Committee of Management for the year 2021-22 cannot be registered due to pendency of Writ Petition No.34333 of 2015 and the representation was decided.
19. Subsequently, again opposite party No.5 on 28.01.2022 moved another application with a prayer that bank accounts of the institution be operated by the signatories appointed by him on the strength that he was Chairman of the Society since last registered list of office bearers of the Society for the year 2011-12 mentions his name.
20. On 02.02.2022, the Assistant Registrar sought legal advice from DGC (Civil) whether the bank accounts of the institution could be operated by the signatories appointed by the opposite party No.5 along with the principals in view of there being interim orders in Writ Petition No.34333 of 2015.
21. In the meantime, one Peter Baldev had given an objection to the registration of list of office bearers of Diocese of Lucknow, Church of North India. The objections were rejected on 07.02.2022, which was subject to challenge before this Court in Writ C No.4121 of 2022. The writ Court on 29.4.2022 directed that Diocese recognized by Synod Church of North India may continue to manage the property of Church of North India. The Court passed a detailed order.
22. The DGC (Civil) on 07.02.2022 gave his legal opinion stating that since the last registered list of office bearers of the Society under Section 4(1) of the Act of 1860 was of the year 2011-12, and status quo order being in operation of the year 2015, the bank accounts of the institutions be operated under the joint signatories appointed by opposite party No.5 along with principal of the institution.
23. Relying upon the legal opinion of the DGC (Civil) dated 07.02.2022, the Assistant Registrar on 03.8.22 held that the bank accounts of the institutions namely BHS and GHS will be operated under the joint signatures of the principal of the said institutions and the office bearers of last registered list of the Society under Section 4(1) of the year 2011-12. The said order was further amended vide order dated 11.8.2022 and opposite party No.5 was addressed as Bishop /Chairman of the Society. Hence the present contempt applications.
24. Sri Anurag Khanna, Senior Advocate, appearing along with Sri Raghav Deo Garg in Contempt Application No.4754 of 2022 submitted that John Augustine is the current Bishop of Diocese of Lucknow and is thus the Chairman of the Society. According to him, Synod Church of North India, New Delhi has illegally usurped the Society in question and memorandum of association and rules and regulations of the Society clearly provides that the Allahabad High School Society is to be run and managed by Church of India, Burma and Ceylon, now known as Church of India, Pakistan, Burma and Cylon (CIPBC) Diocese Lucknow and none else.
25. The opposite party No.5 was appointed as Bishop of Diocese of Lucknow by the Synod Church of North India, New Delhi (CNI) on 30th August, 2009. According to him, opposite party No.5 was terminated as Bishop of Diocese of Lucknow on 25.11.2013. The termination order was put to challenge through civil suit, which has been dismissed on 06.02.2021 and at present opposite party No.5 is functioning as Counsellor in Sam Higgin Bottom University of Agriculture Technology & Science since 18.06.2021.
26. According to him, the order passed by Assistant Registrar dated 26.5.2015 was not stayed by the writ Court, and only status quo order was passed on 05.6.2015. Thus, John Augustine remained as ex officio Chairman of the Society. As one G.Daud along with principal of the institution was operating the bank accounts, after the death of G.Daud substitution applications have been filed in Writ-C No.34333 of 2015 by Dr. L.R.Anthony and R.K.Chattree, which are still pending. Thus, no right has accrued in favour of any member of CNI faction, to function as Secretary of the Society.
27. According to the Senior Counsel, once earlier application of opposite party No.5 was not entertained by the Assistant Registrar, the second application preferred with the same prayer by opposite party No.5 claiming him to be the Chairman of the Society as well as Bishop of Diocese of Lucknow (CNI) and passing of the order on the said application amounts to contempt of the order dated 05.6.2015.
28. Sri Khanna then invited the attention of the Court to the rejoinder affidavit filed by the applicant John Augustine to the short counter affidavit filed by Morris Edgar Dan wherein in paras 4 and 5 the details of the embezzlement made by Mr. Morris Edgar Dan has been given. It has been stated that between 21.11.2011 to 19.7.2013 a sum of Rs.2,75,56,801/- was withdrawn in cash by Mr. Dan from the bank account opened in Axis Bank, Civil Lines Branch, Prayagraj on 21.11.2011 in the name of Society where income tax refund of institution namely BHS and GHS was deposited. The bank account was subsequently closed on 19.7.2013. In para 5, it has been mentioned that 11 criminal cases are pending against Mr.Morris Edgar Dan, a list of which are extracted hereas under :
(i) Case Crime No.269 of 2011 under Sections 323, 506, 504 IPC, P.S. Civil Lines, Prayagraj.
(ii) Case Crime No.272 of 2011, P.S. Civil Lines, Prayagraj.
(iii) Case Crime No.284 of 2013 under Sections 419, 420, 467 IPC, P.S. Colonelganj, Prayagraj.
(iv) Case Crime No.228 of 2013 under Sections 420,419, 467, 468 IPC, P.S. Navabad, Jhansi.
(v) Case Crime No.55 of 2013 under Sections 420, 406 IPC, P.S. Kotwali, Kanpur Nagar.
(vi) Case Crime No.275 of 2013 under Sections 342, 327 IPC, P.S. Akbarpur, Kanpur Dehat.
(vii) Case Crime No.148 of 2013 under Sections 467, 468, 419, 420 IPC, P.S. Premnagar, Jhansi.
(viii) Case Crime No.305 of 2013 under Sections 420, 467, 468 IPC, P.S. Civil Lines, Prayagraj.
(ix) Case Crime No.372 of 2013 under Sections 420, 467 IPC, P.S. Civil Lines, Prayagraj.
(x) Case Crime No.649 of 2013 under Sections 420, 467 IPC, P.S. Civil Lines, Prayagraj.
(xi) Case Crime No.276 of 2018 under Sections 420, 467, 468, 471 IPC, P.S. Navabad, Jhansi.
29. Further in para 7 it has been stated that one Criminal Case No.244 of 2017 has been registered against Mr. Dan at Police Station Mutthiganj, Prayagraj wherein the trial is underway.
30. According to Mr. Khanna, Mr. Morris Edgar Dan had embezzled huge money from the bank accounts of the institution and is a man having long criminal history, due to which the Synod Church of North India terminated him as Bishop of Diocese of Lucknow. Mr. Dan in collusion with the Assistant Registrar had defied the orders of the writ Court for which both the opposite parties No.1 and 5 be punished under the Act of 1971.
31. Sri Sankalp Narain Singh, learned counsel appearing in Contempt Application No.5127 of 2022 submitted that order dated 03.8.2022, subsequently modified on 11.8.2022, passed by the Assistant Registrar is totally in contempt of the interim order dated 05.6.2015 passed in Writ-C No.34333 of 2015. Further, the State counsel having given the undertaking before the writ Court in Writ-C No.32465 of 2021 on 13.12.2021 that due to pendency of writ of 2015, the application filed by opposite party No.5 cannot be processed, and the subsequent action of Assistant Registrar amounts to breach of undertaking. Thus, the officer concerned is directly in contempt.
32. According to Sri Singh, after the demise of G.Daud on 20.03.2020, on the application of principals of respective institutions, the accounts were being operated singly by the orders of the Assistant Registrar dated 04.5.2020 and 16.5.2020. The application preferred by opposite party No.5 in the year 2021 was initially turned down by the Assistant Registrar, but subsequently was entertained and order was passed on 3.8.2022/11.8.2022 relying upon the legal opinion, so received by him. According to Sri Singh, when the Assistant Registrar had forwarded the matter to the Registrar on 16.2.2022, he was well aware of the legal opinion of the DGC (Civil) dated 7.2.2022 and he did not take any decision upon the application preferred by the opposite party. But subsequently something transpired, which led to the passing of the order dated 03.8.2022 and 11.8.2022. Sri Singh emphasized the fact that once the order of status quo was passed in the year 2015, the opposite party No.1 should have respected the same and not proceeded to process the application of opposite party No.5 seeking a legal opinion of the DGC (Civil) and passing the order dated 03.8.2022 and 11.8.2022. On the question of maintainability of the contempt proceedings at the behest of the applicant No.1 and 2 is concerned, he submitted that applicant No.2, Dr. Lydia R. Anthony, was nominated as Secretary to operate the bank account of the institution in the year 2011 and has been signatory since then. Even on the date of passing of the order of status quo, she was the third signatory to operate the accounts thus the proceedings at her instance is maintainable.
33. Sri P.K.Pandey, learned Additional Chief Standing Counsel appearing for the opposite party No.1 submitted that the last list of the office bearers of the Society registered with the Assistant Registrar is of the year 2011-12, which was given by the then Secretary H.R.Mall. According to him, Clause 8 of the bye-laws of the Society provides for election of the office bearers i.e. Chairman, Vice-Chairman, Secretary and Treasurer, who are to be elected in the Annual General Meeting and shall hold the office until the conclusion of the next Annual General Meeting. Thus, since last registered list of office bearer is dated 18.5.2011 and thereafter, there being no list of office bearers, which has been registered in terms of Section 4(1) of Act therefore, the said list would be taken to be list available on record.
34. According to the State Counsel, the dispute in regard to the Society was settled by the Apex Court in regard to the amendments of bye-laws, but it was on the application which was moved by John Augustine that fresh controversy arose and Writ-C No.31962 of 2012 was filed before this Court in which interim orders were passed on 05.7.2012. It was on the application of John Augustine that orders were passed on 26.5.2015 by the Assistant Registrar accepting the claim of Church of India, Pakistan, Burma and Cylon (CIPBC). The orders passed in 2015 were challenged in Writ -C No.34333 of 2015 wherein order to maintain status quo was passed, and since then the bank accounts were being run and managed under the joint signature of the principals of the respective institutions and one G.Daud. It was after the death of G.Daud on 20.3.2020 that on the applications moved by the Principal of both the institutions i.e. BHS and GHS that orders of then Assistant Registrar was passed for single operation on 4.5.2020 and 16.5.2020. Till this time no contempt was filed by any of the parties and the bank accounts of both the institutions were being managed and run by the principals single handedly. It was when large scale embezzlement surfaced, applications were made by John Augustine, Peter Baldev and Morris Edgar Dan that legal opinion was sought and the Assistant Registrar after finding that the last registered list of office bearers was of the year 2011-12, therefore passed order on 03.8.2022, which was modified on 11.8.2022 directing for bank accounts to be operated under the joint signatures of Principal of the institutions and one of the members of Committee of Management. He has relied upon Clause 28 of the bye-laws of the Society, which provides that all the cheques shall be signed jointly by the Treasurer and either by the Chairman or the Secretary. He lastly contended that the opposite party No.1 has not committed any contempt of the orders of the writ Court as neither Dr. Lydia R.Anthony or John Augustine have been recognized by this Court and only list of office bearers of 2011-12 has been registered.
35. Sri Shailendra, Senior Advocate, along with Sri Prabhakar Awasthi, learned counsel appearing for opposite party No.5 Morris Edgar Dan at the outset raised preliminary objection as to the maintainability of both the contempt applications at the behest of John Augustine being Contempt Application No.4754 of 2022 and Dr.Lydia R.Anthony being Contempt Application No.5127 of 2022 on the ground that the last list of office bearers registered with Assistant Registrar under Section 4(1) of the Act of 1860 is of the year 2011-12 where John Augustine does not figure. It was for the first time in the year 2012 that applications were moved by John Augustine for recalling the order of the Assistant Registrar dated 18.5.2011 that matter was referred by the Registrar which was challenged before this Court in 2012 and interim order was passed on 05.7.2012. After the interim order, the Society and the institutions were managed by opposite party No.5 and the principal of the institution, but on 26.5.2015 on the application of John Augustine, the Assistant Registrar had passed an order holding that the members of Church of North India had no role in the Society in question and it is only the Church of India, Pakistan, Burma and Cylon (CIPBC) which shall manage the Society. The writ Court on 05.6.2015 had directed the parties to maintain status quo. Since then, the bank accounts have been operated and managed by the principal of the institutions along with G.Daud but no contempt proceedings were drawn by the John Augustine.
36. According to the senior counsel, John Augustine is a history sheeter against whom there are 13 criminal cases pending list of which is extracted hereas under :
(i) Case Crime No.1108 of 1998 under Sections 420, 467, 468, 471, 225, 120 IPC, P.S. Hazratganj, Lucknow
(ii) Case Crime No.6 of 2001 under Section 379 IPC and 39/40 Electricity Act, P.S. Talkatora, Lucknow
(iii) Case Crime No.316 of 2003 under Section 147, 148, 149, 307, 336, 323, 341, 504, 506 IPC and 7 Criminal Law Amendment Act, P.S. Talkatora, Lucknow
(iv) Case Crime No.317 of 2003 under Section 147, 148, 149, 307, 336, 341, 504, 506, 332, 353, 427 IPC and 7 Criminal Law Amendment Act, P.S. Talkatora, Lucknow
(v) Case Crime No.77 of 2004 under Section 341, 352, 354, 504, 506 IPC, P.S. Hazratganj, Lucknow
(vi) Case Crime No.247 of 2005 under Section 420, 467, 468 IPC, P.S. Kotwali, Lucknow
(vii) Case Crime No.246 of 2006 under Section 420, 467, 468, 471, 120-B IPC, P.S. Palwal, Lucknow
(viii) Case Crime No.63 of 2007 under Section 419, 420, 465, 467, 468, 471, 120-B IPC, P.S. Taran Taran, Amritsar (Punjab)
(ix) Case Crime No.103 of 2007 under Section 419, 420, 467, 468, 471 IPC, P.S. Kotwali, Gonda
(x) Case Crime No.90 of 2007 under Section 420, 467, 468, 471, 120-B IPC, P.S. Civil Line, New Delhi
(xi) Case Crime No.124 of 2008 under Section 124, 420, 467, 468, 471, 506, 120-B IPC, P.S. Wazirganj, Lucknow
(xii) Case Crime No.210 of 2015 under Section 354 IPC, P.S. Mangawan, Reewa (Madhya Pradesh)
(xiii) Case Crime No.77 of 2015 under Section 419, 420, 467, 468, 471 IPC, P.S. Civil Line, Prayagraj
37. He further contended that John Augustine is not a Christian but his original name is Vinod Yadav and is a resident of Ghazipur. By projecting himself as Bishop of Church of India, he has sold property at Delhi, where a first information report was lodged and he is on bail in the said matter.
38. It is further contended that during the status quo order, being in operation, wife of John Augustine Smt. Swapna Chatterjee had given an application to appoint her as signatory for operation of bank accounts in collaboration with Church of North India. The Assistant Registrar on 18.3.2016 appointed Swapna Chatterjee as signatory. When huge amount was syphoned then by order dated 02.6.2016, the earlier order was recalled and G.Daud was again appointed as signatory of the Society. It was on 08.02.2021, wife of John Augustine, Swapna Chatterjee gave an application to the Assistant Registrar for registering the list of office bearers of CIPBC being the repository of Allahabad High School Society.
39. He then contended that contempt application No.5127 of 2022 was preferred by Dr. Lydia R.Anthony claiming herself as Secretary of Allahabad High School Society is totally against the material on record as G.Daud was the Secretary of the Allahabad High School Society who had filed the Writ Petition No.34333 of 2015 and G.Daud died on 20.3.2020 and only substitution application filed on behalf of Dr. Lydia R.Anthony and R.K.Chhattri is pending but the same has not been allowed, thus, the affidavit filed by Dr. Lydia R. Anthony is false and she has no locus to represent herself as Secretary of the Society and file the contempt proceedings. Moreover, Mr. David A. Luke and Dr. Vinita Eusebius, Principals of BHS and GHS have already withdrawn from the fray after they have been served with a notice dated 8.9.2022 by the Assistant Registrar for embezzlement of the funds of the College i.e. BHS and GHS, which, according to counsel for the opposite party, is to the tune of Rs.45 crores.
40. I have heard the respective counsels and perused the material on record.
41. "Money" is the new mantra of the 21st century. The educational institutions are also not untouched by this menace. The chain of events, which have happened for last over a decade reflect that the three factions of the Allahabad High School Society are fighting for gaining control over the two premier institutions namely BHS and GHS.
42. The parties to the contempt application reflect that one John Augustine and the other Morris Edgar Dan both claim themselves to be Bishop of Diocese of Lucknow (CIPBC) and Diocese of Lucknow, Church of North India, thus, they being the ex officio Chairman of the Society.
43. Both these persons claiming to be Bishop have a long history of criminal cases pending against them. There are allegations and counter allegations from both the sides in regard to huge embezzlement of money during the period which they have remained the Bishop. Both the applicant and opposite party No.5 of Contempt Application No.4754 of 2022 are facing criminal trial.
44. The third player in the arena is Dr. Lydia R. Anthony, who has filed contempt application No.5127 of 2022 claiming herself to be the Secretary of the Society on the strength of an election held on 23.3.2020. The said proceedings of the meeting were held to be null and void by the order of District Magistrate dated 27.5.2020 on the ground that no notices were issued for holding the meeting to the Commissioner, Prayagraj and the District Magistrate, Prayagraj, who are the ex officio member of the Society. Dr. Lydia R. Anthony for some time operated the bank account in breach of the interim order of this Court dated 05.6.2015, but subsequently by the orders of Assistant Registrar dated 04.5.2020 and 16.5.2020 the operation of bank account was to be done by the respective principals of the two institutions single handedly.
45. Dr. Lydia R. Anthony is neither the Secretary of the Society nor has been authorized by the writ Court or Assistant Registrar to operate the bank accounts, but there has been a constant effort by her faction that she operates the bank accounts of the two institutions. The Writ Petition No.34333 of 2015, which was filed by the then Secretary Gabrial Daud is still pending consideration and substitution applications have been filed by Dr. Lydia R. Anthony and one R.K.Chattrri. The present contempt application at the behest of Dr. Lydia R. Anthony claiming herself to be Secretary on oath is not maintainable as she has filed a false affidavit before this Court claiming herself to be Secretary of the Society, when there is no document to substantiate her claim and further there is no denial to the fact that her substitution application is pending in the writ petition of 2015. This factual position is admitted to both the parties. The principals of BHS and GHS, who were earlier arrayed as party in Contempt Application No.5127 of 2022 have withdrawn from contest on 13.09.2022.
46. Thus, it is clear that the sole intention of the three factions is only for effective control of the management of the Society and the funds of two premier institutions namely BHS and GHS. For last over a decade, no effort is being made by these faction for improving the educational quality of these premier institution situated in the heart of city of Prayagraj, but the sole effort has been to gain effective control over the finances. There is barge of litigation flowing from all sides right from the year 2010 till date only for the effective control of the management of the Society and the institutions.
47. This court is amazed to see that the two persons claiming themselves to be the Bishop of Diocese of Lucknow, CIPBC and CNI, and claim to be the ex officio Chairman of the Society, are not in a religious pursuit but are fighting to save their Bishopship and gain control over the management of the Society and the finances of the institutions. There has been no effort from either of the factions to get the dispute in regard to the management of the Society resolved for last 12 years but the only effort which is being made for gaining financial control of the two institutions. It would be appropriate to note at this juncture that Morris Edgar Dan was removed from the Bishopship in the year 2013 and number of criminal cases are pending against him and he is facing trial. He has come back in the year 2021 and has restarted the tussle for gaining control over the management of the Society and the finances of both BHS and GHS.
48. On the other hand, John Augustine, the applicant of contempt application No.4754 of 2022, is also facing criminal trial and about eleven criminal cases are registered against him. After the interim order was granted by the writ Court on 5.6.2015, he did not object to the operation of the bank accounts by the principal, and the then secretary G.Daud, nor approached this Court when the operation of the bank accounts were made single handedly by the Assistant Registrar's order dated 4.5.2020 and 16.5.2020.
49. It is only after the entry of Morris Edgar Dan that the fight became triangular and not only the John Augustine but also Dr. Lydia R.Anthony has come into the frame for gaining control over the finances of both these two premier institutions.
50. This Court also takes note of the fact that the role of the Assistant Registrar has also not been fair while passing the order dated 03.8.2022 and 11.8.2022. Once the writ court on 5.6.2015 had directed the parties to maintain status quo, and the same was followed by the parties as well as by the District Authorities till the year 2021, and the writ Court in subsequent writ filed by Morris Edgar Dan in the year 2021 had required through the Additional Chief Standing Counsel that the petitioner of that writ petition was to be informed that due to pendency of Writ Petition No.34333 of 2015 and interim order being in operation, no order can be passed on his application, initially the Assistant Registrar was fair enough to decline the request for processing the application of Morris Edgar Dan, but subsequently on a fresh application the matter was referred to the DGC (Civil) for his opinion and relying upon legal opinion, the order dated 3.8.2022 was passed.
51. The Assistant Registrar is not a Court of appeal, to sit over the orders of this Court and make his one interpretation relying upon the legal opinion. He has complicated the matter further. He should have either sought clarification from the writ Court in the pending writ petition or should have referred the application of the contesting parties to the writ Court so that the factual position was clarified as to who was to operate the bank accounts.
52. Moreover, one Dr. Peter Baldev had filed Writ-C No.4121 of 2022 claiming himself to be the elected and appointed Bishop of Church of North India under the aegis of Synod Church of North India New Delhi as Morris Edgar Dan, opposite party No.5, was interfering in his working on the basis of registration of Society in the name of Dioceses of Lucknow, Church of North India.
53. The writ Court on 29.4.2022 while granting an interim order had directed that all Churches, Hospitals, Educational Institutions and other organizations of Diocese of Lucknow, Church of North India shall continue to be administered and managed by Diocese of Lucknow and its Diocese Council with the Bishop duly appointed and recognized by Synod, Church of North India, New Delhi, as its head and Chairman of such Churches, Hospitals, Educational Institutions and Organizations.
54. It is thus clear that not only the interim order dated 5.6.2015 is operating but also the interim order has been passed by writ Court on 24.9.2022 in Writ -C No.4121 of 2022. Unless and until these litigations come to an end and the Courts adjudicate as to rights of each of the factions claiming right over the management of the Society and its accounts, none of the factions can be permitted by the Assistant Registrar or by any of the district authorities to operate and manage the bank accounts.
55. From the various material and documents brought on record it is clear that huge sum of money amounting to crores of rupees is alleged to have been syphoned off by the people in power, entrusted to manage the bank accounts. Unless the litigation between the rival factions, and also claim of Bishopship is addressed and decided by the writ Court, the Assistant Registrar cannot pass any order allowing any of the faction to take effective control over the Society and its finances.
56. Action of the Assistant Registrar in passing the order dated 03.8.2022 and 11.8.2022 allowing the faction of Morris Edgar Dan to have control over the Society and the accounts of the institution amounts to bypassing the order of the writ Court dated 05.6.2015 and also 29.4.2022. The Assistant Registrar is to abide the orders of this Court and once the matter is subjudice, he cannot proceed to take independent decision relying upon the legal opinion of DGC (Civil). The only recourse left to him was to have moved clarification/modification application before the writ Court or ask the parties to get a clarification from the writ Court in regard to the processing of applications moved by different factions.
57. It was during the Covid-19 period that operation of the bank accounts were made single handedly by the Assistant Registrar, he should have thereafter made an application to the Court for seeking further guidelines in the matter. In fact by passing the two orders, he has tried to interpret the order of the writ Court, which he cannot do.
58. This Court finds that neither of the three factions are legally entitled at this stage to have control over the Society or manage the accounts of the two institutions, nor the Assistant Registrar has authority to pass any order giving benefit to either of the factions without the leave of the Court.
59. If necessity arose, the only/proper recourse left to each of the factions and the Assistant Registrar was to get the matter adjudicated by the writ Court or clarification sought before proceeding further. This Court finds that for last ten years it is nexus of various factions of the Society and the Assistant Registrar being posted in the office from time to time who have colluded and passed various orders complicating the matter. It is due to this fact that till date controversy could not be resolved and successive litigations are being filed by either of the parties.
60. This Court warns the Assistant Registrar not to venture in such activities, and without the leave of the Court, should not process any application of either of the parties when the litigation is pending before the writ Court and interim order is operating.
61. The Assistant Registrar instead of processing the application moved by Morris Edgar Dan should have approached the writ Court and sought a clarification as to the operation of the bank account, instead of relying upon the legal opinion, which he sought and interpreted the order in his own manner.
62. This Court feels that both the contempt application filed by John Augustine and Dr. Lydia R. Anthony are not maintainable at their behest, as neither of them could bring on record to demonstrate that any order has been passed by the writ Court favouring their candidature either to be the ex officio Chairman or Secretary of the Society. The affidavit filed by Dr. Lydia R. Anthony in respect to the fact that she being the Secretary of the Society is completely false as her substitution application is still pending. Moreover, the claim set up by her of the meeting held in the year 2020 has also been held to be null and void by the District Magistrate, as he being ex officio member of the Society was never given notice.
63. The order of the District Magistrate passed in the year 2020 was never challenged by Dr.Lydia R. Anthony and that became final. Further, the order passed in the year 2015 by the Assistant Registrar in favour of John Augustine against which Writ Petition No.34333 of 2015 is pending and interim order is in operation, he also does not have any claim as to being an ex officio Chairman of the Society. The role of the Assistant Registrar is only limited to the extent of registering list under Section 4(1) of the Act of 1860 after examining that the election so held have been in proper and fair manner and there is no objection from either side. He cannot become a party to the rival claims. In the present scenario, it seems that the Assistant Registrar has been swayed away by one of the factions for the reason best known to him.
64. This Court is pained to note that in these two premier institutions of Prayagraj, thousands of children are studying and the parents are putting their hard earned money for the education of their wards. These two English-medium institutions are charging huge fees from the students but the people in charge of the management of the school and the Society for last 10-15 years have not come out with any plan to improve the quality of education so as to meet the national standards, but are litigating fearlessly day and night for gaining effective control over the management and finances.
65. From the perusal of bulky record of contempt applications and various litigations, filed by rival factions, I find there is neither a single averment as to the steps taken for the betterment of the education, nor the claimants to the Society have drawn up any plan to improve the quality of education, but are trying to establish their right to remain in effective control of the Society.
66. Both the institutions are more than hundreds years old, and when the Society was formed, the object was to impart best of the education to the wards of the people of Prayagraj. The memorandum and the rules of the Society specifically provided for four classes of members :- (i) ex-officio member; (ii) life members; (iii) ordinary members; and (iv) honorary members.
67. The Commissioner of Allahabad-Jhansi Division and Collector of Allahabad are the ex-officio member of the Society. The purpose seems to be that the people, who were in-charge at the time of formation of the Society, were well aware of the fact that for the betterment of the education system, and in case of dispute between the different class of members, the two Government Officers i.e. Commissioner, Allahabad and Collector, Allahabad being the ex-officio members, shall protect the two institutions from any damage, which may be caused to its prestige/reputation and also shall help in resolving any dispute which may occasion for different reasons.
68. The 1st Governing Body, which was constituted had seven ex-officio members and 21 honorary members, which included the Commissioner and the Collector Allahabad. It seems that in the present scenario, as infighting is going on between the different factions of the Society, time has come where the two ex-officio members, who are heading the district administration, should play an active role in protecting the institutions from getting degenrated.
69. After the Right to Education Act was implemented by the Parliament in the year 2009, a constant effort is made both by the Central and State Government for providing free and compulsory education to the children between the age of 6-14 years. The State Government is making day and night effort in opening more and more Primary, Junior High School, High School and Intermediate Colleges throughout the State fulfilling the object of Act of 2009.
70. The need of the hour is that there be a qualitative improvement in the education which is being imparted in these two institutions and better infrastructure is provided for the overall development of the students, studying there.
71. Infighting should be stopped at the earliest and the dispute needs to be resolved from all ends, for which District Administration has also to take steps. The officials of the State Government such as Assistant Registrar should desist from complicating the situation further and make every endeavour to resolve the dispute at the earliest for the betterment of the Society.
72. This Court after the overall analysis finds that there arose no occasion for the Assistant Registrar to have passed the order dated 3.8.2022 and 11.8.2022, complicating the situation while writ filed by the various factions are still pending consideration before this Court.
73. This Court lets of the Assistant Registrar with a warning that he should not pass any such orders in future, once the matter is subjudice before the writ Court and interim order is operating on the strength of legal advice sought by him. He is directed to revisit his order dated 03.8.2022 and 11.8.2022.
74. This Court further directs that the applicants of both the contempt applications as well as Morris Edgar Dan, the opposite party No.5 and the Assistant Registrar shall move application before writ Court requesting the Court for early hearing of Writ - C Nos.34333 of 2015, 31962 of 2012 and 4121 of 2022 so as to bring the controversy in regard to the Society and the Management of the finances of the two institution to an end.
75. Considering the facts and circumstances of the case, I find that the Contempt Application No.4754 of 2022 moved by John Augustine and Contempt Application No.5127 of 2022 moved by Allahabad High School Society through its Secretary Dr. Lydia R. Anthony to be not maintainable and the same stand dismissed.
Order Date :- 20.10.2022 Kushal