BABU NANDAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT Petition No. 45469 of 2012 is directed against an order dated 21.7.2012, passed by the Prescribed Authority/Sub Divisional Magistrate, Soraon, Allahabad, determining the electoral college of the society as consisting of 16 members, as well as consequential elections dated 23th August, 2012, wherein 8 out of these 16 members participated. The Writ Petition No. 5939 of 2013 has been filed challenging the attestation of signatures of Bhawani Prasad Mishra as Manager of the educational institution, pursuant to the elections dated 7th October, 2012, wherein also 8 out of aforesaid 16 members alone have participated. The primary challenge in the writ petition is to the effect that 8 persons, who alone have participated in the elections, which have been recognized for the society and the institution, are complete strangers and are not even members of the society/institution, and despite a specific challenge made to this effect, the authorities have failed to advert to this aspect of the matter, rendering the orders impugned wholly perverse on account of non -consideration of petitioner's objection raised and pressed before the authority concerned.

(2.) THE order passed by the prescribed authority dated 21.7.2012, determines the electoral college of the society, as consisting of 16 members, pursuant to the orders passed by this Court in Writ Petition No. 20735 of 2012. The Writ Petition No. 20735 of 2012 was directed against an order passed by the Assistant Registrar, Firms, Societies and Chits dated 3rd April, 2014. Since this Court has already noticed relevant facts in Writ Petition No.20735 of 2012 relating to society and the institution, it would, therefore, be appropriate to reproduce it, at the very outset: -

(3.) A perusal of the record of the writ petition shows that the Assistant Registrar, in his order dated 3rd April, 2012 had taken note of the fact that previous Manager Late Ram Kailash Mishra had submitted list under his signatures on 17th March, 2008 for the years 1999 -2000 to 2006 -2007 and that such list consisted of 20 members of the general body for the year 2006 -07. The Assistant Registrar further took note of the fact that the petitioner Sri Babu Nandan Mishra in his capacity as Manager had submitted list of members on 17.5.2008, which was different from the list submitted by previous Manager Sri Ram Kailash Mishra, who incidentally was the father of Sri Babu Nandan Mishra. The Assistant Registrar was of the view that the list, which has been submitted by Sri Ram Kailash Mishra on 17.3.2008, had different names than the names, which were submitted by Sri Babu Nandan Mishra, and therefore, doubts were raised on the list of members submitted by Sri Babu Nandan Mishra. The Assistant Registrar, in such circumstances, was of the view that the proceedings relied upon by Babu Nandan Mishra were manipulated and doubtful, therefore, he issued direction to the effect that the names of 20 members shown in the list of Sri Ram Kailash Mishra dated 17.3.2008 be treated as the tentative list for determining the electoral college, upon which opportunity to submit objections was given to the parties before finalizing the list of members, who were to take part in the elections under Section 25(2) of the Act. The Assistant Registrar, however, set aside the previous registration of list of office bearers dated 4th October, 2011 in favour of the petitioners for reasons mentioned in his order itself. The Assistant Registrar was persuaded by the fact that proceedings of election dated 18th January, 2000 were doubtful as on the relevant date of election, petitioner Babu Nandan Mishra was acting as In -charge of Examination, and, in such circumstances, it was not possible to conceive that he had participated in the election meeting held on the same day in the same premises.