COMMITTEE OF MANAGEMENT, DHARMA SAMAJ SOCIETY, INTER COLLEGE AND SANSKRIT PATHSHALA, ALIGARH AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) THIS petition has been filed by the Committee of Management of Dharma Samaj Society Inter College and Sanskrit Pathshala, Aligarh and Suresh Chandra Agrawal (Asha India) claiming to be its Secretary for setting aside the order dated 8th October, 2009 passed by the Deputy Registrar, Firms Societies & Chits, Agra (hereinafter referred to as the 'Deputy Registrar') by which the list of office bearers and members of the Committee of Management of the Society for the year 2009-10 with OP. Agarwal as President and Dinesh Kumar Agarwal as Secretary has been registered. The petitioners have also sought a direction upon the Deputy Registrar to register the list of office bearers and members of the petitioner-Committee of Management of the Society for the year 2009-10 with Suresh Chandra Agarwal (Asha India) as the Secretary.

(2.) DHARMA Samaj Society Inter College and Sanskrit Pathshala, Aligarh (hereinafter referred to as the 'Society') is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). The said Society, which has its own Bye-Laws, runs the Dharma Samaj Degree College and also Dharma Samaj Inter College, Aligarh. Though the dispute in the petition relates to the elections held on 18th June, 2009 for constituting the Committee of Management of the Society and the order dated 8th October, 2009 passed by the Deputy Registrar for registering the list of office bearers and members of the Committee of Management of the Society for the year 2009-10 on the basis of this election, but it will be appropriate to refer, in short, to the earlier disputes that had engaged the rival groups in litigations.

(3.) SUBSEQUENTLY , on the basis of a joint application filed by the two rival factions, the Prescribed Authority passed an order on 9th December, 1998 directing the Deputy Registrar to take appropriate steps for holding elections for constituting the Committee of Management of the Society. Pursuant to the aforesaid directions issued by the Prescribed Authority, the Deputy Registrar initiated proceedings for conducting the elections but Suresh Chandra Mittal claiming himself to be the Secretary-cum-Manager of the Society filed an application before the Prescribed Authority for recalling its order dated 9th December, 1998 and the Prescribed Authority passed an order that the order directing the parties to initiate the election process may remain stayed. However, fresh elections were held on 21st January, 1999 in which Mishri Lal Garg claimed to have been elected as the President and Suresh Chandra Agarwal (Asha India) as the Secretary of the Committee of Management of the Society. Ramesh Chandra Agrawal, however, set up a rival claim.