# Sita Ram Rai and others v. Additional Registrar of Firm, Societies and Chits and others

- **Citation:** (2003) 2 ILRA 246
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-06-06
- **Case number:** Civil Misc. Writ Petition No. 742 of 2002
- **Bench:** Sunil Ambwani
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sita-ram-rai-and-others-v-additional-registrar-of-firm-societies-and-chits-and-40080
- **Pages:** 12

## Headnote

Constitution
of
India,
Article
226-
Sarvodaya Shiksha Samiti Kauri Ram a
registered society - By laws 17 (2) a
Provides- if any reason on special case-
election not held within the prescribed
period- the term of erstwhile committee
can be extended for another 3 month
before expiry of the term the election
process
started-
DIOS
refused
to
nominate the observer on the pretext
that the validity of membership is still
under consideration before the District
Magistrate- held illegal, till the newly
elected committee come in existence the
erstwhile
committee
shall
continue-
other necessary direction issued.
Case law referred:
2000 ACJ 1083, 2002 (1) AWC 771
2002(3) ESC 129
1999 (2) UPLBEC (Summay) 77
1996(3) UPLBEC 154
1977(1) UPLBEC 412

## Text

_Characters 0–39,866 of 41,051. This is a partial read: ask again with offset=39866 for what follows._

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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
246
machinery was less than Rs.3,00,000/- is
of no consequence. The petitioner is
entitled for grant of exemption for a
period of five years in view of the
Government
order
no.
8244
dated
30.9.1982 and the clarificatory letter
dated 16.3.1983.

8. Having regard to the facts and
circumstances of the case, the writ
petition is allowed and a direction is
issued to the respondent no. 2 to modify
the eligibility certificate dated 30.1.1968
accordingly, that is, for a period of five
years
instead
of
three
years.
The
respondents are further directed that till
the issuance of modified eligibility
certificate for a period of five years, they
should not insist on realizing trade tax for
period 05.11.1986 to 04.1.1988.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 6.6.2003

BEFORE
THE HON'BLE SUNIL AMBWANI, J.

Civil Misc. Writ Petition No. 742 of 2002

Sita Ram Rai and others ...Petitioners
Versus
Additional Registrar of Firm, Societies
and Chits and others
 ...Respondents

Counsel for the Petitioners:
Sri R.N. Singh
Sri S.K. Rai
Sri Shashi Nandon

Counsel for the Respondents:
Sri Ashok Khare
Sri Balwant Singh

Constitution
of
India,
Article
226-
Sarvodaya Shiksha Samiti Kauri Ram a
registered society - By laws 17 (2) a
Provides- if any reason on special case-
election not held within the prescribed
period- the term of erstwhile committee
can be extended for another 3 month
before expiry of the term the election
process
started-
DIOS
refused
to
nominate the observer on the pretext
that the validity of membership is still
under consideration before the District
Magistrate- held illegal, till the newly
elected committee come in existence the
erstwhile
committee
shall
continue-
other necessary direction issued.
Case law referred:
2000 ACJ 1083, 2002 (1) AWC 771
2002(3) ESC 129
1999 (2) UPLBEC (Summay) 77
1996(3) UPLBEC 154
1977(1) UPLBEC 412

(Delivered by Sunil Ambwani, J.)

1.

Sarvodaya
Shiksha
Samiti
Kauriram, district Gorakhpur is a society
registered under the Society's registration
Act 1860 (in short, the Act), with its
registration renewed upto 10.10.05. The
society runs many educational institutions
including Sarvodaya Kisan Intermediate
College, Kauriram, district Gorakhpur .
The bye laws of the society provide for
several categories of members. This
includes ex-officio members, nominated
members, Panchayat members patrons,
fellows, life members, ordinary members
and special members. The management of
the
society
vests
in
an
executive
committee.
The
District
Magistrate,
Gorakhpur, Sub Divisional Magistrate
Basgaon, Tehsildar, Basgaon, all the
principals of the institutions run and
managed by the societies, and one
representative of the employees of every
such educational institution are provided
to be the ex-officio members. The District
Magistrate or person nominated by him is
an ex officio, president of the society. Bye
laws no. 17 provides for the period of
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2All] Sita Ram Rai and others V. Addl. Registrar of Firms, Societies and Chits and others
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executive committee. Clause 41 of bye
law 17 provides that the period of
executive committee shall be of three
years, and after every three years
members of the committee shall be
elected in the annual general meeting.
Those members, who have completed
their terms are also entitled to be reelected. A proviso to clause (1) provides
that where elections are to be held in the
annual meeting, a 60 days notice shall be
given to all the members, who are entitled
to cast their votes. As far as possible the
District Inspector of Schools may appoint
an observer for the meeting who shall be a
retired member of any government
college or a senior officer of the education
department who is not concerned with the
affairs of the educational selection. Any
Senior Dy. Inspector of Schools can also
be appointed an observer. Clause 2 of Bye
law 17 which is relevant for the purpose
of this case provides that if for any special
reason the election of committee of
management is not held even after 3 years
the erst while executive committee can
function for another three months, but the
said period can not be extended . Under
bye law 12 and 14 (6) the election must
be held by 30th June, and in any case in
special
circumstances
under
specific
instructions of committee the elections
must be held before October, and if it is
not possible, the President shall be
competent to take steps under Bye law 3
(2) which gives emergency powers, to be
approved by general body in a meeting
convened within three months. Clause 3
of Bye law 17 provides that the office
bearers of the executive committee shall
continue to function until their successors
are elected. New office bearers shall be
elected according to Bye law 24. These
includes a vice president, a secretary
(manager) and joint secretary (deputy
manager) to be elected from amongst the
executive committee.

2. By law 18 provides for
Constitution of committee. It provides for
representation of each categories of
members of society. Two members are to
be elected by the ordinary members, one
from among panchayat members, two
from life members, two from fellow, one
from patrons and one from special
members. Bye law 19 provides that apart
from aforesaid nine elected members the
District Magistrate, the Sub Divisional
Magistrate Basgaon, Tahsil Basgaon the
principal of Sarvodaya Kisan Intermediate
College
and
two
representative
of
teachers and employees as it is provided
in the scheme of the administration, shall
be
the
members
of
the
executive
committee. Bye law 20 provides that the
District Magistrate, Gorakhpur or a
member nominated by him shall be the
president of the general body and
executive committee and in his absence
the vice chairman shall discharge the
duties. In the absence of both, the
Chairman
and
Vice-
Chairman
the
members present in the meeting shall
elect a Chairman to preside over the said
meeting.

3. The elections to elect executive
committee
of
the
society
and
consequently
the
committee
of
the
management of the college were held on
3.11.1993. The next elections were due on
or before 03.11.96. The principal of the
college by his letter dated 17.10.96
requested District Inspector of School to
appoint an observer for the elections to be
held on 03.11.1996. By resolution no. 3
dated
27.10.96,
the
committee
of
management of the society authorised Sri
Sita Ram, the secretary of the committee
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
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and the manager of the committee of the
management of the college, to increase
members of the society .The District
Inspector of School, Gorakhpur by his
letter
dated
29.11.96
expressed
his
inability to appoint observer for elections
to be held on 3.11.96, on the ground that
in pursuance of the direction of the High
Court at Allahabad dated 10.9.96 and the
order
of
the
District
Magistrate,
Gorakhpur dated 15.10.96, the matter
with regard to membership is to be heard
and decided by District Magistrate. It is
relevant to state here that respondent no. 3
and 4 to this writ petition had filed a writ
petition no. 29102 of 96 in which a
direction was issued by this court on
10.9.96 to the District Magistrate to
decide their representation dated 18.7.96
regarding their membership. The order for
deciding representation was passed by
this Court on the first date of hearing
without issuing notices and hearing the
respondents, and which gave rise to this
litigation.

4. In pursuance of resolution dated
27.10.96 of the executive committee of
the society, the secretary, proposed
induction of new members. The executive
committee vide its resolution no. 4 dated
24.11.96, approves their names and
decided to admit them as members of the
Samiti to 134 excluding the ex-officio
members. In the meantime the principal
of the college by his letter dated 2.6.97
again requested District Inspector of
Schools to permit petitioners to hold the
elections.

5.

The
District
Magistrate
Gorakhpur vide his order dated 10.6.97
decided the representation made the
respondents 3 and 4 and directed the
Executive Committee of the society to
admit them as members of the society.
The committee of management accepted
the orders and issued notices dated
25.6.97 to respondents 3 and 4 to deposit
their membership fees. It is alleged that
they did not pay the fees and thus one
more opportunity was given to them to
pay the membership fees vide notice
dated 19.8.97. The District Magistrate
accepted application of one Sri Ram
Briksha Rai a member of the society
dated 16.9.96, to hold the elections which
were due to be held on 3.11.96 on the
basis of the members admitted prior to
03.11.93.
One
Sri
Markandey
Rai
approached District Magistrate stating
that the order has been passed without
hearing the affected parties. On this
representation the District Magistrate
stayed operation of his order dated
18.8.97. Thereafter principal of the
college as well as secretary sent several
letters to District Inspector of School,
Gorakhpur to permit them to hold the
electing vide their letter dated 30.6.98,
06.11.98, 05.04.99 and 21.4.99 and
continued to request to District Inspector
of School, Gorakhpur to appoint an
observer for holding elections. Finally by
election
notice
dated
30.12.99
the
elections were announced and the list of
members of the society were published on
the notice board of Sarvodaya Kisan
Intermediate
college
Kauriram,
Gorakhpur,
on
5.1.2000
informing
elections to be held within 15 days. It is
alleged that notices were given to all the
members which included the names of
members admitted by resolution no. 6
dated 30.6.1996 and resolution no. 4
dated 24.11.96, and once again request
was made to District Inspector of School
to appoint an observer. The District
Inspector of School directed the Accounts
Officer of his office to verify the validity
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2All] Sita Ram Rai and others V. Addl. Registrar of Firms, Societies and Chits and others
249
of the list of the members on which the
Accounts Officer made enquiries and
submitted his report dated 11.4.2000
verifying
its
validity.
The
District
Inspector of School Gorakhpur, thereafter
by his letter dated 27.5.2000 informed the
secretary of the society that the list of the
members has been verified and was found
to be genuine and that one Sri Ravinder
Nath Tripathi was appointed as observers
for the elections. The election were held
on 11.6.2000 in which Sri Sitaram Rai,
Petitioner no. 1 was elected as Secretary
of the society. It is alleged that 92
members participated in the election. The
observer
submitted
his
report
on
16.6.2000 to the District Inspector of
Schools and on the aforesaid report the
District Inspector of Schools approved
signatures of Sri Sita Ram Rai, petitioner
no. 1 vide his orders dated 3.7.2000.

6. Respondents 3 to 10 filed an
application
before
the
Additional
Registrar of Accounts, Society and Chips
Gorakhpur and Respondent no. 1 on
10.10.2001 to declare the elections of the
society dated 11.6.2000 as invalid and to
hold fresh elections, on the grounds that
the members admitted after 03.1193 were
not valid members, respondents no. 3 and
4 were illegally excluded from the voters
list, and that executive committee of
which the term had expired could not
have held the elections on 11.6.2000. The
District Inspector of Schools on the
instructions received from the District
Magistrate summoned an urgent meeting
to be held in the college regarding the
elections of the society on 23.10.2001. It
is alleged that petitioner produced all the
records in the meeting before the District
Magistrate Gorakhpur but he did not care
to look at them. An order was issued on
24.10.2001 by the District Magistrate
directing Assistant Registrar to enquire
into the validity of the elections. In
pursuance of the notices issued by
Additional Registrar, respondent no.1,
petitioners submitted there reply on
11.12.2001. The matter was heard and by
impugned order dated 20.12.2001 the
Assistant Registrar declared the elections
of the executive committee of the society
dated 11.6.2000 as invalid and directed
fresh elections to be held in exercise of
powers under section 25 (2) of the Act,
appointing District Inspector of Schools
Gorakhpur as election officer, to hold
elections from the list of members of
general body appended to the order. The
District Magistrate in exercise of powers
under bye law 33 (2) by his order dated
31.12.2001 assumed the entire powers of
management of the society to discharge
the functions of the management. He
notified the election schedule fixing
3.3.2002 as a date for holding elections of
the Committee of Management and
9.3.2002 for election of office bearers for
committee of management.

7. On 3.3.2003 nine members were
elected as members of the committee of
the Management including Sri Bindumati
Rai, Markandey Rai, Ram Sarash Rai and
Pramod Kumar Rai. On 9.3.2003 the
elections of the office bearers of the
committee of management was held in
which Sri Chandra Sen Nagar was elected
as Vice president, Sri Bindumati Rai as
manager and Sri Sourabh Rai as Joint
Secretary/Assistant
Manager.
The
documents concerning the elections were
sent to Regional Committee constituted
under government order dated 19.12.2000
which approved the elections on the basis
of which Joint Director of Education,
Gorakhpur
issued
an
order
dated
16.3.2002 approving the committee of
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
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management, and the signatures of Sri
Bindumati Rai were attested. A writ
petition no. 98006 of 2000 was filed by
Markandey
Rai
and
others
versus
Regional Educational Committee and
others
against
orders
of
Regional
Committee and the Joint director of
Education. By an order dated 11.11.2002,
the operation of the order dated 16.3.2002
was stayed. A special appeal no. 1275 of
2002 against the order was decided by
Division Bench on 29.11.2002 against the
order was decided by Division Bench on
29.11.2002 and while setting aside the ex
parte said order dated 11.11.2002, the
matter was directed to be listed before
learned Single Judge after ex charge of
affidavit. Learned Single Judge by his
order dated 11.12.2002 disposed off the
writ petition with direction to the
Regional Committee to consider the
validity of the election in the light of the
objections raised and after affording
opportunity of hearing, production of
evidence and to take decision within two
months. The Regional Committee heard
the
matter
and
vide
orders
dated
25.3.2003, the elections dated 3.3.2002
and 9.3.2002 were declared invalid.
Directed
Regional
Accounts
Officer
(Regional Audit Units) Gorakhpur was
required to act as Prabandh Sanchalak for
holding fresh election within a period of
three months. This order of Regional
Committee dated 25.3.2003 has been
challenged
by
the
committee
of
management
represented
by
Smt.
Bindumati Rai in writ petition no. 14716
of 2003.

8. Heard Sri Salil Kumar Rai,
Counsel for petitioners in writ petition no.
742 of 2002 and for respondents in writ
petition no. 14716 of 2003, and Sri Ashok
Khare assisted by S.P.K. Tripathi for
respondents in writ petition no. 742 of
2002 and for petitioners in writ petition
no. 14216 of 2003.

9. Sri Salil Kumar Rai addressing
Court in writ petition no. 742 of 2002
submits that the registrar of society did
not have jurisdiction under section 25 (2)
of the Act to call for meeting of the
general body of the society for electing
executive committee and office bearers.
According to him the provisions of
subsection (2) of Section 25 are attracted
only where the election has been set aside
or an office bearers are held no longer
entitled to continue in office after
deciding a dispute under sub section (1)
of Section 25 of the Act. He submits that
even if the term of the committee of
management has expired and the extended
period for holding elections has also
expired. The Registrar can not assume
powers and usurp the authority of the
office bearers of the society to hold fresh
elections. In the present case he submits
that the process of holding elections was
initiated before the term of executive
committee expired ,by fixing a date of
holding elections on 3.11.96, and District
Inspector of Schools was requested for
sending an observer. The society had in
the past held elections, only under the
supervision of an observer appointed by
District Inspector of School. Inspite of
repeated requests made to the District
Inspector of Schools observer was not
appointed. The District Magistrate had no
authority to decide validity of the
membership. As an ex-officio president of
the society he was not authorised to
intervene into the affairs of the society
and decide disputes to be raised by the
members. Respondent no. 3 was a class
IV employee of the college and by his
letter dated 15.8.1988 he has resigned
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2All] Sita Ram Rai and others V. Addl. Registrar of Firms, Societies and Chits and others
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from ordinary membership. He had filed a
writ petition no. 23198 of 1989 for
payment of salary in which notices were
issued on 6.9.1989. His vacancy was
filled by appointment of Sri Ram Lakhan
Rai on 18.1.1990 as member of the
executive committee. Respondent no. 4
did not pay the membership fees inspite
of notices dated 18.3.1993 and 23.3.1993.
The application for membership dated
18.7.1996 was misconceived and that the
entire dispute arose from a direction
issued by this Court in Writ petition no.
29702
of
1996
directing
District
Magistrate to decide the representation of
respondents 3 and 4. The District
Magistrate as ex officio President acted
beyond his role assigned to him in Bye
laws and caused unwanted intervention
tainted with malafides. According to Sri
Salil Kumar Rai the bye laws of the
society provide that the term of executive
committee can not extended beyond three
months. However, the office bearers
continue to function under Bye law 17 (3)
and there is no restriction imposed upon
them, not to hold elections. The registrar
of the society acted on the dictates of the
District Magistrate and assumed powers
under section 25 (2) of the Act, which he
did not posses and wrongly held that
petitioners did not have authority to hold
election. The Assistant Registrar could
not have ordered fresh elections to be held
and in any case he could not have
excluded,
the
validity
inducted
61
members without giving any reason
whatsoever. He did not decide, and had
no authority to decide the validity of the
membership and to annex a list of
members of general body excluding
almost forty percent of the members for
holding fresh elections.

10. Sri Ashok Khare, Senior
Advocate, on the other hand submitted
that the bye law 17 (2) authorize the
outgoing
committee
to
hold
fresh
elections before the expiry of its term and
in
any
case
within
three
months
thereafter.
According
to
him
the
committee the management could only
function upto three months beyond the
expiry of its term . Thereafter the
executive
committee
will
cease
to
function and that only the office bearers
are allowed to continue. Bye laws
provides for only for office bears
including the President and that since By
law 25 provides for a quorum of five
members of the committee to transact any
business of committee, the election
meeting could not have been convened.
He further submits that the committee of
management could not have inducted
number on the eve of the elections. The
61 members were illegally inducted. He
has relied upon copy of membership
register, which shows illegally inducted.
He has relied upon copy of membership
register, which shows the membership
fees of some members were deposited
much after the election were held. The
Assistant Registrar, according to him,
acted within his authority under section
25 (2) of the Act, to call the meeting of
the general body to elect the office
bearers as the election of office bearers of
the society was not held within the time
specified in the Bye laws of the society.
He rightly excluded the numbers of
members who were wrongly inducted and
it is incorrect to say that his order was
made
on
the
dictates
of
District
Magistrate. Sri Khare has relied upon a
Division Bench judgment of this Court in
Committee of Management, Adarsh
Shiksha Neketan, Renukoot and another
versus the Assistant Registrar, Firms
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
252
Societies and Chips, Varanasi, 2000 All
CJ 1083, and judgement in Seva Samiti
Allahabad versus Assistant Registrar
Firms Societies and Chips, Allahabad
and others 2002 (1) AWC 771, in support
of his submissions that where the election
of the society has not been held within the
specified period prescribed under the Bye
laws,
the
Assistant
Registrar
gets
authority to direct fresh elections.

11. Both the counsels also addressed
the Court on the validity of the elections
dated 3.3.2002 and 9.3.2002, which have
been set aside by the Regional Committee
by his order dated 25.3.2003 impugned in
writ petition no. 17216 of 2003. Since the
question of validity of the elections dated
3.3.2002 and 9.3.2003 and the validity of
the order of Regional Committee dated
25.3.2003 will depend upon the result of
the writ petition no. 742 of 2002. I
propose to consider the submissions and
decide Writ Petition no. 742 of 2000
before
considering
the
submissions
advanced in the later petition.

12. Societies Registration Act 1960
was enacted for registration of literary,
scientific and charitable societies. Any
seven or more persons associated for any
literary, scientific or charitable purpose or
for any such purpose as described in
Section 20 of the Act, may be subscribing
their names to a memorandum of
association and filing the same with the
Registrar, Firms from themselves into a
society under the Act. Section 4 provides
for annual list of managing body to be
filed to the Registrar. By U.P. Act number
11 of 1984, a proviso has been added to
section 4 (1) which provides that if the
managing body is elected after the last
submission of the list, the counter
signatures of the old members shall as far
as possible, be obtained on the list. If the
old office bearers do not countersign the
list, the Registrar may, in his distinction,
issue a public notice or notice to such
persons inviting of objections within
specific period and decide all objections
received within the said period. The
powers and duties of Registrar have been
specified in various provisions of the Act.
He can cancel registration under Section
12-D and apply for dissolution on any of
the grounds mentioned in clauses (a) to
(e) of sub section (1) of section 13-A after
giving show cause notice to the society,
and thereafter moving the Court under
section 13-B for making an order for
dissolution of society. He can call for
information
under
section
22
and
investigate into the affairs of the society
under Section 24, Section 25 inserted by
U.P. Act No. 13 of 1978, with effect from
27.2.1978, provides for disputes regarding
election of office bearers. A reference can
be made by Registrar or by atleast one
third of member of the society registered
in U.P., to the prescribed authority to hear
and decide in a summary manner, any
doubt or dispute in respect of the election
or continuance in office of an office
bearer of such authority, and may pass
any such order in respect thereof as it
deems fit. The prescribed authority can
set aside the election of an office bearer,
on the ground of corrupt practices, or on
the ground that the nomination of any
candidate has been improperly rejected, or
that the result of the election has been
materially
affected
by
improper
acceptance of nomination or by improper
reception, refusal or rejection of any vote
or the reception of any void vote, or by
any non compliance with the provisions
of any rules of the society, Sub section 2
and 3 of section 25 provide as follow :
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253
"(2) Where by an order made under
sub section 1, an election is set aside or an
office bearer is held no longer entitled to
continue in office or where the Registrar
is satisfied that any election of office
bearers of a society has not been held
within the time specified in the rules of
that society, he may call meeting of the
general body of such society for electing
such office bearer or office bearers, and
such meeting shall be presided over and
be conducted by the Registrar or by any
officer authorised by him in this behalf,
and the provisions in the rules of the
society relating to meetings and elections
shall apply to such meeting and election
with necessary modifications.

(3) Where a meeting is called by the
Registrar under sub section 2 no other
meeting shall be called for the purpose of
election by any other authority or by any
person claiming to be an office bearer of
the society.

13. The object and purpose of sub
section 25 is to provide for a forum to
decide disputes regarding election of
office bearers of registered societies. Sub
section 2 of section 25, quoted as above,
comes into operation after the election is
set aside, or an office bearer is held no
longer entitled to continue in office. The
satisfaction of the Registrar that any
election of office bearers of a society has
not been held within the time specified in
the Rules of that society is to be arrived,
in accordance with the provisions in Bye
laws of the society, to which the members
have subscribed. If there is no provision
in the Bye laws for holding elections after
the expiry of the tenure of the executive
committee or office bearers, the registrar
may intervene to fill in gap and to provide
for such any eventuality by calling the
meeting of the general body of the society
for electing office bearers. Where the
election of office bearers of society has
been set aside under sub section 1 and the
time limit of holding elections has
expired the registrar may step in the
provide for holding elections. However,
in cases where the By laws of the society
do not provide for any such eventuality
the registrar does not get authority to call
any meeting of the general body of the
society to elect executive committee or
office bearers and to preside over such
meeting or to authorize any officer in that
behalf. The Rules of the society have to
take precedence, except where they are
inconsistent of the provision of the Act. In
Committee of Management, Adarsh
Shiksha Neketan, Renukoot (supra) the
Court interpreted Para 8 of the Bye law of
the said society which provided for a term
of three years to the office bearers, from
the date of election. They were entitled to
function even after the expiry of three
years till the election was held. The
election was held on 8.7.92 and that the
next election took place after about five
years. Another person namely, Dwarika
also claimed election to have taken place
on 13.12.98 i.e. after six years. There
were rival elections set up by the
claimants upon which the Assistant
Registrar exercised powers under Section
25 (2) of the Act and directed a fresh
meeting of the general body to be held. In
Seva Samiti, Allahabad (supra) there
were rival parties claiming that they have
held fresh elections after the term of three
years had expired. In these circumstances
in both the aforesaid cases Court held that
after the term had expired nobody could
hold elections except the registrar. In both
these cases there was an element of
dispute and that the rival committees
claimed elections to be held after the term
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
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of
the
outgoing
Committee
of
Management had expired.

14. The present case offers different
set of facts. The election programme was
announced within three years, and the
District
Inspector
of
Schools
was
requested to appoint an observer. The
District Inspector of Schools refused to
appoint an observer until the dispute
about membership of respondents 3 and 4
was decided by District Magistrate. The
election process was thus initiated, before
the term of the outgoing executive
committee had expired. Thereafter, inspite
of
repeated
reminders
the
District
Inspector of Schools did not agree to
appoint an observer. The committee found
itself mandated by Bye law 17 (1) for
appointment of an observer and to abide
by best traditions of the society in which
all earlier elections were held under the
supervision of an observer appointed by
the District Inspector of Schools. The
decision of the District Magistrate on the
membership of respondents 3 & 4 had no
material bearing on the elections and that
the District Inspector of Schools was not
justified in refusing appointment of an
observer. At one stage the District
Magistrate realized his mistake, and
directed the elections to be held on the
basis of list of members valid upto
3.1193, but later he stayed his order.
Ultimately the District Inspector of
Schools agreed with the request and after
carrying out the exercise of verifying the
list of members appointed Sri Ravinder
Nath Tripathi, as observer. The election
was finally held on 11.6.2000. These
elections were in fact postponed elections,
which were scheduled to be held on
3.11.96. The Assistant Registrar has set a
side the election only on the ground that it
could not have been held after the expiry
of three years and three months, and that
the newly enrolled members in the year
1996 had no right to participate in the
election. However, there is no rival
Committee nor any other elections were
held by any other person to create doubt
over validity of elections.

15. Bye laws 17 (1) and (2) of the
society provide for term of the Committee
of Management. Bye law 17 (3), however
provides for an eventuality in which the
election may not be held within three
years and three months. In such situation
the office bearers of the Committee of
Management are allowed to continue until
they are replaced by their successors.
These provision read with Bye law 24,25
and 33 go to show, that although the term
of the executive committee come to an
end, there was no restriction in bye laws
for holding fresh elections. The office
bearers could call for a meeting and hold
elections of the executive committee and
office bearers to replace them. The
quorum under Bye law 25 is provided for
ordinary meeting of executive committee.
It does not cover the event when the term
of the executive committee has expired
and that the office bearers are continuing
till fresh elections are held. Such an event
is an exception to the provisions of bye
law 25, which provides for quorum for
meeting in normal circumstances.

16. The aforesaid interpretation is
supported by amendment by insertion of a
proviso, to Section 4 of U.P. Act No. 11
of 1994 which provides that if the
managing body is elected after the last
submission of the list, the counter
signatures of the old members, shall as far
as possible be obtained on the lists.
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2All] Sita Ram Rai and others V. Addl. Registrar of Firms, Societies and Chits and others
255
17. Sri Salil Kumar Rai is correct in
his submission that the provisions of
section 25 (2) were not attracted in the
present case, and that the registrar could
not have assumed powers to direct fresh
election to be held. He is also correct in
submitting
that
outgoing
executive
committee had initiated the process of
election before its term had expired. The
District Magistrate an annex officio
president had no authority to decide the
membership of respondents 3 and 4 and to
postpone elections on that account. The
District Inspector of Schools initially
failed to discharge his statutory obligation
arising out of registered bye laws of
society to appoint an observer. The voters
list was subsequently verified by the
District Inspector of Schools and the
elections dated 16.6.2002 were held under
an
observer
appointed
by
District
Inspector of Schools who submitted his
report on the basis of which the signatures
of petition no. 1 were approved.

18. The Assistant Registrar has not
been given powers to decide the disputes
arising out of the elections of the society.
These powers have been given to the
prescribed authority authorized by State
Government by notification published in
official Gazettee. It is only when there is a
stalemate, or rival committees who have
set up the elections after the expiry of the
term of the outgoing Committee of
Management, and these elections are not
found to be valid, and there is no
provision in Bye laws to hold elections
after expiry of tenure of executive
committee, reasonably inferred from the
Bye laws that the Registrar can step in
and provide for elections. He, however,
can not decide on the validity of the
members, who are entitled to vote. The
election
disputes,
if
any,
including
validity of members entitled to vote can
only be decided under Section 25 (1) by
the prescribed authority, and that any
person aggrieved thereafter has a right to
approach civil court.

19. In Committee of Management
Bal Avadh Inter College, Lalitpur Mau
versus State of U.P. 2002 (3) ESC page
129, this Court held that the elections
beyond the expiry of the tenure of the
Committee of Management were valid on
the ground that the election process was
started well before the expiry of term and
that there was no lack of bonafide is
getting the election conducted in time.
While reading to the aforesaid conclusion
the Court relied upon the decision in
Committee
of
Management
versus
Secretary, Arya Kanya Inter College
1999 (2) UPLBEC (summary of case)77
and B.N.B Inter College versus Regional
Deputy Director of Education (1996 (3)
UPLBEC
154).
In
Committee
of
Management Mubarakpur Inter College,
Mubarakpur versus Regional Deputy
Director
of
Education
(second)
Azamgarh (1977) (1) UPLBEC 412), this
Court has relied upon the decision in
Committee of Management, Aley Ahmad
Girls
Inter
College
versus
Deputy
Director of Education (civil misc. writ
petition no. 10869 of 1996, decided on
15.11.1996 in holding that outgoing
Committee of Management can be treated
to be functional in law even after expiry
of the period of tenure provided in Rule,
given the dispute, and elections have been
held complying with the conditions as
provided in the Bye laws. Such a
Committee
of
Management
can
be
recognized for administrative purpose. In
the present case though the term of the
Committee of Management had expired,
the office bearers were entitled to
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
256
continue until they were relieved by their
successors. The elections were held in a
meeting
convened
by
them
under
observer appointed by District Inspector
of Schools who had delayed such
appointment unreasonable and illegally
for about four years. The list of members
was verified by District Inspector of
Schools and that no irregularity was found
in the elections. The Assistant Registrar
did not find any error, and any irregularity
or illegality of lack of bonafide in holding
the elections, except the fact that it was
held after the expiry of the term of the
executive committee. Under the Bye law
of the society and under section 25 (2) he
could not have proceeded to set a side the
elections and to direct fresh elections to
be held under the District Inspector of
Schools as an Election Officer.

20. Sri Ashok Khare pointed out that
the new members enrolled by the
outgoing Committee of Management were
not valid members as they have not
deposited their membership fees and that
they had no authority to participate in the
elections. Registrar did not proceed to set
a side elections on the basis that the
elections were not held among the valid
members. The Bye laws of the society
provide for the executive committee to
represent various classes of the members
of the society. The respondents have not
pleaded as to which categories of
members are not valid members. In the
absence of such material the elections of
all the members in the Committee of
Management could not questioned. In any
case it was open to the respondents to
raise these disputes before the registrar
who could have referred the matter to the
prescribed authority to be decided under
section 25 (1) of the Act. The validity of
the electoral list, therefore, could not be a
ground for the registrar to set a side the
entire election and that he rightly did not
decide this objection.

21. For the aforesaid reasons, the
writ petition no. 742 of 2003 is allowed.
The impugned orders dated 20.12.2001 of
the Additional Registrar, Firms, Societies
and Chit, Gorakhpur Division, Gorakhpur
and the order dated 31.12.2001 passed by
District Magistrate, Gorakhpur are set
aside. The Committee of Management
elected on 16.6.2000 shall be entitled to
continue and to hold fresh elections. Since
its extended term is going to end on
16.6.2003, it will have right to hold fresh
elections in accordance with the Bye
laws.

22. The reliefs claimed in the writ
petition
no.
14216
of
2003
were
dependent upon the result of the writ
petition no. 742 of 2003. Since the said
earlier writ petition namely 742 of 2003
has been allowed, and elections held on
16.6.2000 have been held to be valid. The
reliefs claimed in writ petition no. 14216
0f 2003 have become infractuous. The
writ petition no. 14216 pf 2003 is
accordingly, dismissed . There shall be no
orders as to costs.
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257
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 2.5.2003

BEFORE
THE HON'BLE TARUN CHATTERJEE, C.J.
THE HON'BLE R.K. AGARWAL, J.

Special Appeal No. 881 of 1999

The Committee of Management, Nanak
Chand Adarsh Inter College, Chandausi,
Moradabad and another
...Appellants
Versus
The
District
Inspector
of
Schools,
Moradabad and others ...Respondents

Counsel for the Appellants:
Sri P.S. Baghel

Counsel for the Respondents:
Sri K.A. Ansari
Sri M.D. Singh
S.C.

U.P. Secondary
Services Commission
Rules 1983- Rule 7 (i)- Life of the
selection list- one year from the date of
notification- top merit candidate joined
and worked as principal for six months-
proceeded on leave- not turned up-
whether the next in seniority list can
claim for appointment within one year
from the date of termination of earlier
principal ? held- no- in view of provisions
of Rule 8- the life of the list was only one
year from the date of publication of the
list.

Held- Para 10

Therefore in our view the life of the
panel came to an end as soon as Satya
Pal Singh had joined the service and
continued without break for about 6
months or at best till the time fixed in
Rule 8 of the Rules. The period fixed in
Rule 8 of the Rules. The period fixed in
Rule 8, in our view has already expired
and, therefore, in view of our discussions
made hereinabove, we are unable to
accept the contention of the private
respondent that the life of the panel
could
survive
up
to
the
date
of
termination of the service of Satya Pal
Singh, as he was on leave up to that
date.

(b) U.P. Secondary Services Commission
Rules 1983- Rule 8 (5)- whether the
provision of Rule 8 (5) are mandatory ?
held- No.

Held- Para 12