PRABHU NATH TRIPATHI Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and also learned counsel for the respondents.

(2.) THROUGH this writ petition, the petitioner hat sought a writ of mandamus directing the respondent no. 3 the Manager, State Bank of India, Main Branch. Azamgarh not to sign any, cheques, bank drafts relating to the accounts of the Indian Red Cross Society, District Branch, District Azamgarh, under the signature of respondent no. 2 Ram Mohan Singh the then District Magistrate Azamgarh-cum-Ex-Officio President, of the said society and further directing the respondents nos. 1 to 4 to honour the cheques and drafts etc. of the Society under the signatures and authority of the (Honorary Treasurer) petitioner and the Honorary Secretary the Deputy Chief Medical Officer, Azamgarh.

(3.) AFTER hearing learned counsel for the parties, the only point pressed by the petitioner is that the District Magistrate should not operate the accounts of the Society singly. The fact that it can be operated jointly, is not dented either by the petitioner or by the respondent. What is contended Is that either it should be operated by the Honorary Secretary (Official) and the Treasurer or in absence of the Treasurer, by the President and Honorary Secretary. The question of the operation of the accounts singly by the District Magistrate is not the foundation of the respondeat to which the petitioner has strenuously urged. It seems that even during the pendency of the petition this Court as far back as on 11-1-1988 directed the operation of the accounts jointly by the District Magistrate and by one of the secretaries. Now we are not aware of the position, since then whether there is any change in the constitution or in the Committee or any fresh election has been made of any treasurer in accordance with law. Hence we are not adverting to that question in this writ petition. Even in the counter effidavit reliance has been placed by the respondent to clause- 5 of the Rules of District Branch at Azamgarh Relevant clause is quoted below :