ASHOK VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Prabhu Narain Union Club, Varanasi is a society registered under the Societies Registration Act, 1960, which was created with the object of providing suitable means of social recreation and feeling of unity, cordiality and sociality amongst respectable persons of all caste and creeds. Under the memorandum of the Association, the term of Committee of Management is one year.

(2.) On the basis of a complaint, the Assistant Registrar, Firms Societies & Chits, Varanasi issued a letter dated 17th July, 2013 initiating investigation into the affairs of the Society under Section 24 of the Societies Registration Act. Upon investigation, the Assistant Registrar passed an order dated 1st August, 2013 holding that no election of the Society was held for the past 5 years, and that the accounts were not being properly maintained and that the affairs of the Society were not being carried out in accordance with the objects of the Society. The authority, accordingly, directed that the election of the Society would be held under its supervision pending finalization of the members list and till such time the election was not held, the Assistant Registrar directed formation of an adhoc committee to manage the affairs of the Society on a day to day basis.

(3.) Based on the said direction, the adhoc committee took charge and, by an order dated 14th August, 2013 expelled certain members from the Society. These expelled members being aggrieved by the action of the adhoc committee made a representation before the Registrar, who by an order dated 20th August, 2013 stayed the resolution of the adhoc committee. The adhoc committee, being aggrieved by the order of the Assistant Registrar dated 20th August, 2013 filed Writ Petition No. 47944 of 2013, which was entertained and an interim order was passed staying the effect of the order of the Assistant Registrar. As a result of the interim order, the expelled members filed Writ Petition No. 48536 of 2013 questioning the order of the Assistant Registrar dated 1st August, 2013 and the resolution of the committee of management date14th August, 2013.