Partly allowed

C/M of Kshetriya Shri Gandhi Ashram Thru. Its Secy. Ramesh Chandra Tiwari and 2 Others v. State of U.P Thru. Secy. Finance Deptt. Govt. Lko. and 2 Others

Allahabad HC15 Oct 2024WRIC/6126/2024

Case brief

AI extract

What is this about?

A Single Judge stayed the Deputy Registrar's order setting aside a society election as prima facie without jurisdiction, pending further arguments on the validity of the meeting and rule amendments.

What did the court decide?

Stay of the impugned order dated 27.6.2024 passed by Deputy Registrar setting aside the election.

What the court decided

C/M of Kshetriya Shri Gandhi Ashram Thru. Its Secy… — Property and Title | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 6126 of 2024

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Petitioner :- C/M Of Kshetriya Shri Gandhi Ashram Thru. Its Secy. Ramesh Chandra Tiwari And 2 Others Respondent :- State Of U.P Thru. Secy. Finance Deptt. Govt. Lko. And 2 Others

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Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar

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Counsel for Respondent :- C.S.C.,Anil Kumar Tiwari,Rina Pandey,Sanjay Shankar Pandey

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Hon'ble Alok Mathur,J.

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Heard Shri Sanjay Kumar Srivastava, learned counsel appearing for petitioner, Shri Sanjay Shankar Pandey, learned counsel appearing for respondent nos. 3, learned Standing Counsel appearing for respondent nos. 1 and 2 and perused the material available on record.

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By means of the present writ petition the petitioner has challenged the order dated 27.6.2024 passed by Deputy Registrar, Firms Societies and Chits, Ayodhya Mandal, Ayodhya whereby she has held that the meeting held on 24.02.2022 as non-est and further the election of Rameshwar Nath Mishra, and the election of Ramesh Chandra Tiwari, Secretary of the Society as illegal and election of the committee has also been declared to be illegal and resolution dated 27.04.2023 has been held as illegal wherein the age of the employees has been increased from 65 years to 70 years.

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Learned counsel for the petitioner has submitted that the previously the election to the society were held on 09.05.2019, which were challenged by the opposite parties before the Prescribed Authority under Section 25 (1) of the Societies Registration Act, 1860 and the elections were upheld. Against the order of the Sub Divisional Magistrate, Akbarpur, District

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Ambedkar Nagar, a writ petition was filed before this Court being Writ Petition (Writ-C) No. 15687 of 2020, which was subsequently withdrawn and accordingly, the validity of elections held on 09.05.2019 were upheld. Subsequently, after expiry of the term, the next elections were conducted on 30.4.2022. The challenge to the said election was made before the Deputy Registrar under Section 25 (2) of the Societies Registration Act, who by means of order dated 1.8.2023 set aside the said election.

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The petitioner being aggrieved by the order dated 1.8.2023 of the Deputy Registrar had challenged the election by filing a Writ Petition being Writ Petition (Writ-C) No. 7054 of 2023, which was allowed by this Court on 18.10.2023. The respondents being aggrieved by the order dated 18.10.2023 had preferred a Special Appeal before this Court being Special Appeal No. 516 of 2023. In the Special Appeal in paragraph no. 22, the Division Bench had upheld the judgment passed by the learned Single Judge but in paragraph no. 24 and 25 gave certain directions to the Deputy Registrar to decide the issue pertaining to enhancement of retirement age from 65 to 70 years as per the directions contained in paragraph no. 25. It is in exercise of the directions issued by the Division Bench of this Court in Special Appeal No. 516 of 2023 that the impugned order dated 27.6.2024 has been passed.

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Learned counsel for the petitioner has submitted that the Deputy Registrar while exercising the jurisdiction under Section 25 (2) of the Societies Registration Act firstly did not have any power or jurisdiction to examine the challenge made to the election to the Committee of Management wherein Shri Rameshwar Nath Mishra was elected as Sanchalak and Ramesh Chandra Tiwari was elected as Secretary to the said society. He further submits that the challenge to the said election, if any,

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could have been made only before the Prescribed Authority under Section 25 (1) of the Societies Registration Act and the Deputy Registrar was totally denude of his power to decide about the validity of the election while exercising his power under Section 25 (2) of the Act of 1860. Apart from the above, the validity of the meeting dated 27.4.2023, the Deputy Registrar was of the view that no agenda of holding the said election was submitted by the petitioner and therefore, the aid meeting was illegal and non-est.

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Learned counsel for petitioner has further submitted that a general notice was issued by the Deputy Registrar while seeking his response and all documents were duly supplied. It was submitted that a copy of the agenda was not sought from the petitioner, and would have been provided in case any direction was issued directing the petitioner to provide the same.

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Learned counsel for petitioner has filed supplementary affidavit today in Court annexing the copy of the agenda for the meeting held on 27.4.2023 indicating the existence of the Agenda..

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Learned counsel for the respondents vehemently opposed the writ petition and has submitted that apart from the above, the bye-laws of the society provide that for amending the bye-laws can be done by calling a meeting of the general body while in the present case, the bye-laws has been amended by the resolution passed by the Committee of Management.

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Learned counsel for petitioner on the other hand has also relied upon same the bye-laws and has submitted that with regard to changing the rules of the workers, the provision has been made only by resolution of the committee of management.

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In light of the above, the matter requires consideration.

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Let counter affidavit be filed by the respondents within three weeks.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Considering that the Deputy Registrar in exercise of power under Section 25 (2) of the Societies Registration Act, 1860 has set aside the election, has acted prima facie without jurisdiction and therefore as an interim measure, till the next date of listing, the impugned order dated 27.6.2024 passed by Deputy Registrar, Firms Societies and Chits, Ayodhya Mandal, Ayodhya shall remain stayed.

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Apart from the counter affidavit a personal affidavit be filed by the author of the impugned order dated 27.6.2024 as to why she has entered into the validity of the elections, which has already been upheld by the order of the learned Single Judge dated 18.10.2023, which has been upheld in the Special Appeal No. 516 of 2023 by means of judgment and order dated 24.11.2023.

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Let the personal affidavit be filed within next two weeks.

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List this case on 3.9.2024.

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(Alok Mathur, J.)

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Order Date :- 22.7.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

C/M of Kshetriya Shri Gandhi Ashram Thru. Its Secy. Ramesh Chandra Tiwari and 2 Others v. State of U.P Thru. Secy. Finance Deptt. Govt. Lko. and 2 Others

Case brief

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What the court decided

C/M of Kshetriya Shri Gandhi Ashram Thru. Its Secy. Ramesh Chandra Tiwari and 2 Others v. State of U.P Thru. Secy. Finance Deptt. Govt. Lko. and 2 Others

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