COMMITTEE OF MANAGEMENT JAGDAMBA SHIKSHA EVAM VIKAS SANSTHAN & ANOTHER Vs. STATE OF U.P. & 2 OTHERS

JUDGEMENT

(1.) An internecine feud between father and son has landed them before this Court. In due course, even their wives and other family members got involved in the fight. It is a modern day Mahabharat, not to wrest control over the throne of Hastinapur, but to somehow or the other get in control over management of a private society, in the name of Jagdamba Shiksha Evam Vikas Sansthan, Vidya Nagar, Agra (the society) registered under the provisions of the Societies Registration Act, 1860 (the Act).

(2.) Since common questions of fact and law are involved and, therefore, with consent of parties and for sake of convenience, both the petitions were heard together and are being decided by this common judgment.

(3.) Writ Petition No. 52185 of 2015 (first writ petition) has been filed by the committee of management of the society through its alleged manager Manish Sharma. He claims himself to be the manager of the governing body of the society elected on 24.8.2014. On the other hand, his father Chandra Pal Sharma also claims himself to be elected as manager on 24.8.2014, though in a separate meeting. By impugned order dated 5.8.2015, the Deputy Registrar, Agra has held that (i) the list of governing body of the year 2012-13 was based on manipulated and forged documents and consequently, the registration of the said list was cancelled, (ii) the claim made by Manish Sharma in his representation dated 1.9.2014 for getting the list of governing body registered on the basis of elections held on 24.8.2014 has been rejected with the finding that only validly elected manager was competent to call such meeting and in absence of any evidence in that regard, the claim set up cannot be accepted, (iii) the registration certificate dated 24.8.2012 has been directed to be handed over to Chandra Pal Sharma within 15 days or the same be deposited in the office of the Deputy Registrar, and (iv) Chandra Pal Sharma has been directed to call a meeting for undertaking necessary proceedings in relation to those office bearers/members of the governing body who have submitted their resignations and, thereafter, submit the proceedings for further action before the Deputy Registrar.