MEERUT COLLEGIATE ASSOCIATION MEERUT Vs. ARVIND NATH SETH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution involves the scope of the power of the Prescribed Authority to pass an interim order pending reference made to it under Section 25 of the Societies Registration Act, 1860, hereafter, 'the Act'.

(2.) The facts are these : Meerut Collegiate Association, petitioner No. 1, is a society registered under the Act. The Society runs and administers the Meerut College, Meerut The affairs of the college are looked after by an Executive Committee of the Society consisting of 33 members, out of whom 21 members are elected. The term of the Executive Committee is for three years and the last election of the Executive Committee of the Society was held on 19th Feb., 1978 under bye-law 12 (a) of the Society. Thereafter fresh elections were held on 10th May, 1981. In that election Sri Raja Ram Mittal was elected President, Sri P. S. Rastogi Vice-President and Sri J. D. Singhal, Petitioner No. 2 the Honorary Secretary. Twenty-one members of the Executive Committee as well were elected. Sri Arvind Nath Seth, respondent No. 1 and Sri Vishwa Nath Agarwal, respondent No. 2, were also candidates for the posts of President and Honorary Secretary respectively. Both of them lost the election. Soon after these respondents along with some others made a reference under Section 25 of the Act seeking to challenge the election of the aforesaid office bearers and members of the Executive Committee before the Sub-Divisional Magistrate, Meerut, respondent No. 3, on 13th May, 1981 being Case No. 2/12 of 1981. The petitioners put in appearance and filed preliminary objections. The Sub-Divisional Magistrate who has also been personally made party as respondent No. 4 during the course of these proceedings, passed an interlocutory order on 10th of June, 1981 directing that pending the reference, the meeting of the Executive Committee fixed for that day and in future shall not be held till further orders. This order forms the subject matter of challenge in the present writ petition.

(3.) Counter and rejoinder affidavits have been exchanged.