Allahabad High Court
Rajesh Panday And 3 Others vs State Of U.P. And 3 Others on 16 September, 2019
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- WRIT - C No. - 29181 of 2019 Petitioner :- Rajesh Panday And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi,Ramesh Chandra Dwivedi,Sankalp Narain Hon'ble Ajay Bhanot,J.
The order dated 24.07.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, accepting the list of members submitted by the respondent no. 3/4 under Section 4 of the Societies Registration Act, 1860, has been assailed in the instant writ petition.
The respondent no. 4 had earlier approached this court by instituting a writ petition registered as Writ-C No. 10840 of 2018 (Rajesh Pandey and Another Vs State of U.P. and 2 others). The judgment of this Court rendered on 20.04.2018 in Rajesh Pandey (supra), being relevant is extracted in its entirety:
"The instant petition is directed against impugned notice dated 28.2.2018 issued by respondent No. 2 on basis of complaint filed by respondent No. 3 alleging that registration of the list of members of registered Society Uchchattar Madhyamik Vidyalaya, Jaura Bazar, Kushinagar on 11.6.2017, was obtained by fraud, as also all elections held since the year 2006 and praying that the same be revoked and it be declared that the term of present Committee of Management had expired and accordingly, elections be held under Section 25(2) of the Societies Registration Act, 1860.
After some argument, counsel for the petitioners, learned standing counsel appearing on behalf of respondent Nos. 1 & 2 and Smt. Durga Tiwari appearing on behalf of respondent No. 3 agreed for disposal of the instant petition in the following terms : -
"1. The second respondent shall confine himself only to membership dispute by virtue of his power under Section 4-B of the Act, and shall not go into the validity of the elections, which had been held at regular interval of three years and were also duly registered.
2. Sri R.C. Dwivedi, counsel for the petitioners states that the petitioners would file their reply to the complaint on the issue relating to membership dispute within two weeks. Thereafter, the Assistant Registrar would decide the said dispute after giving opportunity of hearing to the parties."
It is directed accordingly.
It is further provided that the entire exercise in this regard be conducted by the second respondent, within a period of six months from the date of production of a certified copy of this order before him. It is once again clarified that the second respondent will only decide the membership dispute between the parties, and will not go into the validity of elections.
The petition stands disposed of accordingly."
While proceedings drawn under Section 4-B of the Societies Registration Act, 1860 were on foot, the respondent no. 3 filed a writ petition registered as Writ-C No. 7391 of 2019 (C/M Uchchattar Madhyamik Vidyalaya Jaura and Another Vs State of U.P. and Another). The writ petition was finally disposed of by judgment and order dated 01.03.2019.
Ms. Durga Tiwari, learned counsel for the petitioner contends that the judgment and order dated 01.03.2019 was exparte to the petitioners. Relevant facts were not brought to the notice of the court, to the prejudice of the petitioners.
The order dated 24.07.2019 was passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur in purported compliance of the judgment dated 01.03.3019 was also exparte to the petitioner. There has been miscarriage of justice.
The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, misdirected himself in law. The judgment rendered by this court on 01.03.2019 in Writ-C No. 7391 of 2019 (C/M Uchchattar Madhyamik Vidyalaya Jaura and Another Vs State of U.P. and Another), could not have been complied with in isolation. A composite view of the controversy had to be taken. The judgment of this court dated 01.03.2019 passed in Writ-C No. 7391 of 2019 (C/M Uchchattar Madhyamik Vidyalaya Jaura and Another Vs State of U.P. and Another) had to be read along with the judgment entered by this court on 20.04.2018 in Writ-C No. 10840 of 2018 (Rajesh Pandey and Another Vs State of U.P. and 2 others). Clearly the respondents no. 3 and 4 cannot preempt the adjudication under Section 4-B of the Societies Registration Act, by simply submitting an election claim. Atleast primafacie this appears to be their intent.
Faced with this Sri R.C. Dwivedi, learned counsel for the respondents no. 3 and 4 in his usual fairness submits that the respondents no. 3 and 4 are prepared to join the proceedings for adjudication of the list of valid members under Section 4-B of the Societies Registration Act, before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. He also does not dispute the fact that the order passed by this Court in Writ-C No. 7391 of 2019 (C/M Uchchattar Madhyamik Vidyalaya Jaura and Another Vs State of U.P. and Another) was exparte to the petitioner. He also admits that the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, could not lose sight of the order dated 20.04.2018 passed in Writ-C No. 10840 of 2018 (Rajesh Pandey and Another Vs State of U.P. and 2 others) while complying the order dated 01.03.2019.
Clearly the order dated 24.07.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, and assailed in the instant writ petition becomes vulnerable to judicial review.
With the consent of parties, Ms. Durga Tiwari, learned counsel for the petitioners and Sri R.C. Dwivedi, learned counsel for the respondents no. 3 and 4 the order dated 24.07.2019 is quashed and the matter is remitted to the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.
Ms. Durga Tiwari, learned counsel for the petitioners and Sri R.C. Dwivedi, learned counsel for the respondents no. 3 and 4, also submit that the parties shall join and cooperate with the proceedings pending under Section 4-B of the Societies Registration Act before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.
With the consent of parties the following directions being issued to the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur:
I. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall determine the membership of the society, in accordance with the procedure prescribed under Section 4-B of the U.P. Societies Registration Act.
II. The determination of membership, shall be made by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, after giving an opportunity of hearing, to all concerned parties, including the parties before this Court.
III. The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. The parties shall exchange their respective pleadings and relied on documents.
IV. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall record a finding in the proceedings book, regarding service of pleadings and documents relied on by the parties upon their respective adversaries.
V. In case some necessary parties, are not before this Court, they too shall also be noticed and will be entitled to an opportunity of hearing before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.
VI. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall return a finding in this regard in the proceedings book.
VII. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall fix a date of hearing and intimate the said date to the concerned parties. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall hear the parties on the date fixed.
VIII. The list of valid membership of the society, shall be decided by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, by a reasoned order in accordance with law.
IX. The entire exercise of calling the parties, hearing and deciding the matter as per law, shall be completed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, within a period of three months from the date of receipt of a certified copy of this order.
With the aforesaid directions, the writ petition is finally disposed off.
Order Date :- 16.9.2019 Pravin