Allahabad High Court
C/M Bansgaon Anglo Vernacular Society ... vs State Of U.P. And 3 Others on 20 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:90903 Court No. - 10 Case :- WRIT - C No. - 15917 of 2024 Petitioner :- C/M Bansgaon Anglo Vernacular Society Bansgaon Siksha Samiti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Behari Singh Counsel for Respondent :- C.S.C.,Satyawan Shahi,Sr. Advocate Hon'ble Manjive Shukla,J.
1. Heard Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Awadh Behari Singh, learned counsel appearing for the petitioners, learned Standing Counsel for Respondents No. 1 to 3 and Sri Ashok Khare, learned Senior Advocate, assisted by Sri Satyawan Shahi, learned counsel appearing for Respondent No. 4.
2. Petitioners through this writ petition have challenged the order dated 18.04.2024 passed by the Prescribed Authority/Sub Divisional Officer, Gorakhpur Division, Gorakhpur in Case No. 00093 of 2018, Computerized Case No. T201805310100093 (Rajesh Singh Vs. Sanjay Singh).
3. It has been contended on behalf of the petitioners that controversy, as to whether the term of the Committee of Management of the Colleges automatically stood reduced pursuant to the Government order issued by the State Government, has been considered by this Court in detail and vide judgment and order dated 04.05.2017 passed in Writ-C No. 27814 of 1998 and connected writ petitions it has been held that the Government order issued by the State Government wherein it is provided that the term of the Committee of Management of the Colleges is reduced from five years to three years, that will not be automatically applicable in the matters of Committee of Management of the Colleges unless suitable amendments are made in the respective Schemes of Administration.
4. It has further been contended that since there was election dispute therefore, this court vide judgment and order dated 04.05.2017 directed the Assistant Registrar to refer the matter to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860 for determining the issue of election and continuance of the office bearers of the Committee of Management of the Society.
5. Sri R.K. Ojha, learned Senior Advocate appearing for the petitioners has argued that though the issue was not raised before the Prescribed Authority but he has considered that initially the term of the Committee of Management of the Society under the bye-laws was three years and later on it was extended to five years by making amendment in the bye-laws in the year 1954 but since the said amendment was not registered in the office of the Assistant Registrar, therefore that amendment has no relevance in the eyes of law and accordingly all the elections having the term of the Committee of Management of the Society as five years are nullity in the eyes of law.
6. Sri R.K. Ojha, learned Senior Advocate appearing for the petitioners has further argued that the Society in question was registered in the year 1943 and thereafter bye-laws of the Society were amended in the year 1954 and at that point of time there was no provision under which the amendment in bye-laws was required to be registered therefore, even if the amended bye-laws were not registered, they will operate and thereby the term of the Committee of Management of the Society shall remain five years. It has further been argued that the requirement of registration of amendment in the bye-laws for the first time was introduced in the Societies Registration Act, 1860 in the year 1975 therefore, the finding recorded by the Prescribed Authority and decision in that regard cannot sustain in the eyes of law.
7. It has also been argued that the Prescribed Authority while passing the order which is impugned in this writ petition has also given finding that Sri Sanjay Singh could not show any document to prove his primary membership.
8. Sri R.K. Ojha, learned Senior Advocate appearing for the petitioners has vehemently argued that so far as the issue of membership of Sri Sanjay Singh is concerned that has also not been decided by the Prescribed Authority in correct perspective.
9. Per contra, Sri Ashok Khare, learned Senior Advocate appearing for the Respondent No. 4, at the very outset, has raised preliminary objection regarding maintainability of this writ petition on the ground that the order dated 18.04.2024 passed by the Prescribed Authority is appealable under Section 25(1)(d) of the Societies Registration Act, 1860.
10. Sri Ashok Khare, learned Senior Advocate appearing for the Respondent No. 4 has also informed the Court that pursuant to order dated 18.04.2024 passed by the Prescribed Authority election schedule has already been notified and elections of the Committee of Management of the College are scheduled to take place on 05.06.2024.
11. I have considered the arguments advanced by the learned counsels appearing for the parties and prima-facie I find that the Prescribed Authority while passing the impugned order dated 18.04.2024 has de-settled the elections of the Committee of Management of the Society since the year 1955. Though this Court finds that there is provision for filing appeal under Section 25(1)(d) of the Societies Registration Act, 1860 against the order dated 18.04.2024 but if the elections of the Committee of Management of the College are allowed to take place before, the petitioners file the appeal in question and their application for interim relief is considered and decided, it may cause irreparable loss to the petitioners.
12. After arguing at some length Sri R.K. Ojha, learned Senior Advocate appearing for the petitioners and Mr. Ashok Khare, learned Senior Advocate appearing for the Respondent No. 4 have agreed that petitioners may file appeal under Section 25(1)(d) of the Societies Registration, Act 1860 before the Commissioner, Gorakhpur Division, Gorakhpur within a week from today along with an application for interim relief and thereafter Commissioner, Gorakhpur Division, Gorakhpur may be directed to decide the application for interim relief filed by the petitioners latest by 15.06.2024 and further the election process may go on but the date of polling of votes may be rescheduled to 16.06.2024.
13. In view of the aforesaid agreement arrived in between learned counsels appearing for the parties, this writ petition is finally disposed of with liberty to petitioners to challenge the order dated 18.04.2024 by filing appeal under Section 25(1(d) of the Societies Registration, Act 1860 within a week from today along with an application for interim relief and if appeal along with application for interim relief is filed within the said period, Commissioner, Gorakhpur Division, Gorakhpur is directed to consider and decide application for interim relief filed by the petitioners latest by 15.06.2024. This court also reschedules the date of polling of votes in elections of the Committee of Management of the College to 16.06.2024.
14. It is also provided that the Commissioner, Gorakhpur Division, Gorakhpur shall fix the first date of hearing in the matter on 06.06.2024 and on the said date petitioners as well as Respondent No. 4 shall appear before the Commissioner.
Order Date :- 20.5.2024 Gaurav