COMMITTEE OF MANAGEMENT AFZALUL ULOOM, AZAMGARH THROUGH.ITS MANAGER AND OTHERS Vs. STATE OF U.P.THROUGH SECRETARY MINISTRY OF INSTITUTIONAL FINANCE AND REGISTRATION GOVT.OF U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) DISPUTE in this writ petition is whether the Registrar, Firms, Societies and Chits exercising powers under section 4(1) of the Societies Registration Act (in short as the 'Act') can decide the question of validity of an election of the Managing Committee of the society or its office-bears. The facts in the case are noted as under :-

(2.) THE society namely, Afzalul Uloom, Daulatpur, Post Mehnagar, District Azamgarh is registered under the Societies Registration Act, 1860. Under the bye-laws, the Society is to be managed by a managing committee elected by the general body. The members elected by the general body elect a President and Manager as the office bearers. The tenure of the committee of management as provided under clause 8(2) of the Bye-laws is of 10 years. The petitioners claim that the last election of the committee of management was held in the year 2004 in which the committee of management with Masood Ahmad as the President and Imran Ahmad as the Manager were elected. Imran Ahmad, the manager of the committee of management expired on 15.11.2007. A meeting of the general body was convened on 26.11.2007 in which condolence was passed on account of death of Imran Ahmad. Thereafter, the meeting of the general body was held on 29.11.2007 in which a decision was taken for filling up of the casual vacancy in the office of manager by electing Masood Ahmad Khan as its manager. All the papers of the aforesaid elections were submitted before the Assistant Registrar, Firms, Societies and Chits, Azamgarh. While papers were pending before the Assistant Registrar, Firms, Societies and Chits, Masood Ahmad died on 1.7.2008. The meeting of the general body was held on 3.7.2008 in which condolence resolution was passed with regard to the death of Mushtaq Ahmad. Subsequent meeting of the general body was held on 4.7.2008 in which a decision was taken for filling up the casual vacancy caused in the office of the President by election of Arshad Zabbar Khan, petitioner no. 3, as the President. The papers pertaining to the aforesaid two resolutions were filed before the Assistant Registrar, Firms, Societies and Chits.

(3.) ON the other hand, the stand of the respondent is that the list of members submitted by the petitioners was based upon a decision taken by the committee of management headed by Arshad Zabbar Khan as President dated 4.7.2007. The election of the petitioners was based upon the resolutions passed on 6.9.2006 and 19.9.2006 which indicate that the erstwhile Manager Imran Ahmad died and on the said date and in order to fill up the casual vacancy of the manager, Masood Ahmad Khan was elected as manager of the committee of management. The contention of the respondent is that condolence resolution was passed by the committee of management headed by the petitioners on 6.9.2006 and on the death of Imran Ahmad in his place Sri Masood Ahmad, petitioner no. 2 has been appointed as Manager. Another resolution was passed on 19.9.2006 admitting the fact that Irfan Ahmad died on 6.9.2006 and in his place Masood Ahmad be appointed when the incumbent was still alive. Consequently the application for revised list of members submitted on 24.2.2008 by the petitioner-committee of management was fictitious and forged and no authenticity can be given to the said list submitted by the petitioners and as such, the order impugned has correctly accepted the list submitted by the respondents which was authorised by recognised committee of management.