Quashed

Ram Badan Singh v. State of U.P. and 3 Others

Allahabad HC12 Jul 2019WRIC/20719/2019

Case brief

AI extract

What is this about?

The Company-Registrar-passed an order without adjudicating on the validity of a resignation and its consequences. The High Court quashed this arbitrary order and directed the Authority to record findings and hold elections.

What did the court decide?

The order dated 11.06.2019 passed by the Assistant Registrar was quashed. Parties were directed to exchange pleadings and the Assistant Registrar was ordered to record findings and hold elections.

Ram Badan Singh Vs State of U.P. and 3 Others — Company and Corporate | Allahabad HC (2019)

¶1

Court No. - 7

¶2

Case :- WRIT - C No. - 20719 of 2019 Petitioner :- Ram Badan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Chakraborty Counsel for Respondent :- C.S.C.,Satya Prakash Singh

¶3

Hon'ble Ajay Bhanot,J.

¶4

Heard Sri Jitendra Kumar Chakraborty, learned counsel for the petitioner and Sri Rakesh Pande, learned Senior Counsel, assisted by Sri Satya Prakash Singh, learned counsel for the respondents.

¶5

Learned counsel for the petitioner contends that Hari Ram Singh, the erstwhile Manager had not tendered his resignation. The entire case of respondents no. 3 and 4 is on the back of the alleged resignation of the erstwhile Manager, Hari Ram Singh. A specific objection to this effect was taken before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur did not return any independent finding on the issue. He further contends that the respondents no. 3 and 4 set up fraudulent proceedings to induct fresh members and alter the electoral college to their advantage, under the pretext of the resignation of Hari Ram Singh.

¶6

Sri Rakesh Pande, learned Senior Counsel for the respondents contests the aforesaid submissions. He submits that Hari Ram Singh, the erstwhile Manager had indeed tendered his resignation. The resignation was lawfully accepted. The enrolment of the fresh members was as per laws since the affairs of society cannot come to standstill.

¶7

After some argument, however learned counsel for the parties as well as the learned Standing Counsel agree that the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur while passing the order dated 11.06.2019 did not return any finding on the validity of the resignation allegedly tendered by the said Hari Ram Singh and the consequences thereof.

¶8

In the light of the aforesaid submissions, the order dated 11.06.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur becomes vulnerable to judicial review. The order is arbitrary and illegal.

¶9

With the consent of learned counsel for the parties, the following order is passed:

¶10

(i) The order dated 11.06.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, is quashed.

¶11

(ii) The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur on 24.07.2019. The parties shall exchange their respective pleadings and relied on documents in support of their respective cases.

¶12

(iii) The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall record a finding that the parties have been served copies of the pleadings as well as the documents relied upon by their respective adversaries. In case, any other necessary party is to be noticed, the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur shall issue notice to the aforesaid party as well.

¶13

(iv) The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, for hearing on 07.08.2019. In case, the parties who were noticed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, on 24.07.2019, have not been provided with any documents of the respective parties, the same shall be provided on 07.08.2019. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall hear the parties on 14.08.2019.

¶14

(v) The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall pass an order deciding the controversy in accordance with law within a period of two weeks from 14.08.2019.

¶15

(vi) The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall return a specific finding on the grievances raised by the petitioner and all concerned parties. He shall also finalise the list of valid members of the society thereafter, in the light of the provisions of the Societies Registration Act.

¶16

(vii) After the controversy is finalised the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur, shall proceed to hold the elections of the society under Section 25 (2) of the Societies Registration Act. The election shall be conducted within a period of two months from the date the final order in the matter is entered by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.

¶17

The writ petition is allowed, to the extent indicated above.

¶18

Order Date :- 12.7.2019 Pravin

Ram Badan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Badan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C/M Sri Ajeet Nath Jain Inter College and Another Vs State of U.P. and 2 Others

C/M Nageshwar Pandey Degree College and Another Vs State of U.P. and 2 Others

Smt. Ram Kali Iqbal Bahadur Pvt. Industrial Training Institute and Another Vs Union of India and 7 Others

C/M Shree Sankeertan Bramcharyashram Sanskrit Mahavidyalaya Vs State of U P and 2 Others

Nihal Singh and Another Vs State of U.P. and 3 Others

Arya Pandey(Minor) Vs State of U P and 4 Others