Dismissed

Sendhi Narasimhappagari Surya Prabhakar v. Arya Ediga Gowda Sankshema Sangam, Regd. No. 208/08

Andhra Pradesh HC21 Oct 2019CRP/2878/2011

Case brief

AI extract

What is this about?

Civil Revision Petition challenging District Judge's dismissal of a petition seeking nullification of a society resolution removing a permanent president. Court held resolutions invalid for lack of Registrar approval under Societies Registration Act and dismissed RC. Directed Registrar to conduct fair election.

What did the court decide?

Civil Revision Petition dismissed; District Registrar, Anantapur, directed to conduct General Body Meeting to elect executive committee members as per approved byelaws.

Sendhi Narasimhappagari Surya Prabhakar Vs Arya… — Company and Corporate | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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CIVIL REVISION PETITION No.2878 of 2011

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ORDER :

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This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 28.12.2010 passed in O.P.No.806 of 2008 by the District Judge, Anantapur, whereby O.P.No.806 of 2008 filed for declaring the resolution dated 22.06.2008 as illegal and inoperative, was dismissed.

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The case of the petitioner is that he is the permanent president of Arya Ediga Gowda Sankshema Sangham, Hindupur. The said society was formed in the year 1988 with specific aims and objects which are enumerated in the memorandum of the society. The general body was called for on 12.01.1989 on the demise of the first president of the society by name Anjinappa. In the General Body meeting, a resolution was passed to take permanent president in the place of the president and bye-law No.5-A was incorporated amending the existing bye-law. As per the amended bye-law, the society shall have a permanent president. It is also resolved that whoever pays Rs.1,00,000/donation to the society shall be taken as permanent president of the society. It is also resolved that the said permanent president shall continue to hold the office till his lifetime and his progeny can succeed to the said post. Accordingly, the petitioner paid Rs.1,00,000/- and also Rs.10,000/- to the society as per the byelaw and he was taken as permanent president of the society as per the resolution dated 12.01.1989. Thereafter, on 22.06.2008 general body was called for and they have passed another resolution. Accordingly, the petitioner was removed from the post

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of permanent president. Being aggrieved by the same, the petitioner filed O.P.No.806 of 2008 before the District Judge, Anantapur. After elaboration consideration, the learned District Judge came to the conclusion that dissatisfied with the performance of the petitioner as president, some of the members of the society represented to hold General Body meeting and hence, the Executive Committee met on 06.06.2008 and resolved to hold General Body meeting on 22.06.2008 at Arya Ediga Gowda Sankshema Sangham Bhavan, Hindupur, by giving notice to all the members including the petitioner. Accordingly, notices were sent and General Body Meeting was conducted on 22.06.2008 to elect a new executive body. In the meeting, it is resolved that the president i.e., the petitioner has violated the byelaw condition No.7, clause 2 and clause 4 of byelaw No.12. Byelaw No.7 specifies the duties of president, that he shall have over all supervision and he shall conduct meetings and preside over all the meetings and he shall look after the accounts every month. In clause (2) of byelaw No.12, it is specifically mentioned that General Body Meeting has to be conducted every five years to elect new executive committee and in clause (4), it is mentioned that executive committee meting to be conducted at least for every three months. But, the petitioner failed to perform the duties of president and no General Body Meeting was conducted for a period of 19 years and no periodical executive committee meetings were conducted. In addition to these violations, he failed to fulfill promise of giving Rs.1,00,000/- and land to the society and hence, it is resolved not to add byelaw No.5(A) and it is resolved to hold election for the president in a democratic manner and to abolish the system of

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holding the post on permanent basis. Finally, it was resolved to form an executive committee to elect the new executive body under the president ship of E.Venkatanarayana respondent Nos.1 and 2 herein. All this process of election was done in the physical presence of the petitioner. As per Byelaw No.13, the General Body has power to remove anyone and against such resolution no appeal lies. Hence, the petition is not maintainable. The learned District Judge after considering the above pleadings, framed the following points:

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Whether the petitioner can be continued as Permanent President of the society?

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Whether he is entitled to the relief of nullifying the resolution dated 22.06.2008 and thereby continuing him to the president of the society?

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Learned District Judge relying on the judgment in Periyar

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Self-Respect Propaganda Institution Vs. State¹ held that

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keeping a permanent president to the society is against the interest of the public and the society, and the society has to function as per the provisions of the Societies Registration Act and elect the executive body for a period of five years and in a democratic society one cannot continue to be the president of the society and as per byelaws, they are bound to hold the meetings once in every three months and General Body Meeting also has to be conducted. But, the petitioner failed to perform the duties of president and no General Body Meeting and no periodical executive committee meetings were conducted during the president ship of the petitioner. No record is placed to show that any General Body Meeting or Executive Committee Meeting was conducted by the

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1 AIR 1988 Madras 27

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petitioner. The documents filed by the petitioner will no way support his case and the petitioner has not approached the Court with clean hands and dismissed the petition.

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However, it came to the notice of this Court that resolutions, which are against the public interest, were not approved by the Registrar of Societies, as required under the provisions of the Societies Registration Act. When the said resolutions are not accepted by the Registrar, they cannot be forced to be implemented, as such, the resolutions, passed by the general body, have no validity. Therefore, the impugned order does not suffer from any irregularity or illegality warranting interference of this Court.

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Accordingly, the Civil Revision Petition is dismissed. However, the District Registrar, Anantapur, is directed to conduct the General Body Meeting to elect the executive committee members as per the approved byelaws of the society. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

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_________________ M.GANGA RAO,J

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Date: 21.10.2019 Ivd

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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CIVIL REVISION PETITION No.2878 of 2011

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