COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order-dated 22.11.2005 passed by the Registrar, Firms, Societies and Chits and consequential order passed by the respondent No. 6 (Annexures 14 and 15 to the writ petition) . Further issue a writ in the nature of mandamus directing the respondents to restore status quo ante as on 22.11.2005 and not to disturb the functioning of the petitioners.

(2.) The petitioners' Church City Junior High School Educational Society, Thaterwada, Underkot, Sadar, Merut, District Meerut, is a duly registered society under the Societies Registration Act and was also approved and recognized by the District Basic Education Officer Meerut and also by the Deputy Registrar Firms, Societies and Chits, Meerut. The Registrar, Firms, Societies and Chits, Lucknow passed an order dated 31.5.2005 and renewed the registration certificate dated 10.2.2005. The same have been filed as Annexures 1 and 2 to the writ petition. On the basis of the said registration dated 10.2.2005 the respondent No. 6 has cancelled the order of single operation dated 4.11.1999 and the respondent No. 5 has attested the signature of the petitioner No. 2 as Manager. The General Body meeting of the Church City Junior High School was held under the Presidentship of Jagat Behari Lal Saxena on 31.1.2005 and in that meeting the petitioner No. 2 was elected as a Manager. It appears that on an complaint made by Sri S.K. Sharma, who alleged to be a ex-senator of Meerut University, Meerut who is neither the member of the society nor office bearer of the petitioner No. 1 and has got no concern with the affairs of the society Church City junior High School Educational Society, Thaterwada, Underkot, Sadar, Meerut, District Meerut, the Registrar Firms, Societies and Chits, Notices were issued on 31.8.2005 to the petitioner No. 2 asking him to produce the details of the membership and agenda register etc. The petitioner has submitted a reply to that. On 13.9.2005, the Registrar again issued a further notice to the petitioner No. 2 and demanded the documents which she was not required to and on 20.9.2005 the petitioner No. 2 sent a reply to the Registrar, Firms, Societies and Chits, respondent No. 2 that a Writ Petition No. 41784 of 1999 was filed by one Sri Jagat Behari Lal Saxena. Because the Deputy Registrar Firms, Societies and Chits, Meerut on the basis of the order dated 29.6.1999 and Sri Jagat Behari Lal Saxena was illegally removed from the post of President of the Society the Hon'ble Court stayed the operation of the order dated 29.6.1999 vide its order dated 29.9.1999. The order dated 29.9.1999 is still in operation.

(3.) The Basic Shiksha Adhikari, Meerut refused to recognize the office bearers of the petitioners' society. The petitioner No. 1 filed a writ petition No. 26333 of 2001 in which this Hon'ble court stayed the order passed by the Deputy Registrar (Firms) . In the similar circumstances in Writ Petition No. 72104 of 1999, this Court vide its order dated 10.5.2000 directed the parties to maintain status quo in respect of the Management of the petitioners' society. It appears that on the basis of the letters sent by some aggrieved persons to the Basic District Education Officer, Meerut and also to the Deputy Registrar, Firms, Societies and Chits, Meerut, who has passed orders dated 21.12.2000 and 21.6.2001 to the effect that the applicant is no longer President of the society. A Writ Petition No. 26333 of 2001 was filed by the Committee of Management and this Court has stayed the operation of the said order and Sri Jagat Behari Lal Saxena is still working on the post of President. After resignation of Miss J. Jacob as Manager of the Society, Smt. S.N. George was appointed by the Committee of Management to perform the duty of Manager for the time being but she was removed as Manager vide resolution of the society dated 26.2.1999 and thereafter she never performed the duties of Manager. It appears that the complaint made by one Sri S.K. Sharma who is neither a member of the society nor any office bearer made a fabulous complaint to the Registrar, Firms, Societies and Chits and he illegally initiated a proceedings against the petitioners in most arbitrary and illegal manner and passed an order dated 3.10.2005 and has stayed the order dated 31.5.2005. It has been submitted that the Zila Basic Shiksha Adhikari Meerut has received the copy of order dated 29.9,1999 and order dated 19.7.2001, but have willfully disobeyed the said order. When the Registrar, Firms, Societies and Chits, respondent No. 2 passed an order dated 5.10.2005 then the petitioners filed a Writ Petition before this Court bearing No. 66456 of 2005 and vide its judgment and order dated 21.10.2005 this Hon'ble Court has quashed the orders dated 3.10.2005 and 5.10.2005. A copy of the same has been annexed as Annexure 11 to the writ petition. This Hon'ble Court had directed the respondent No. 2 to decide the matter after hearing the parties on 7.11.2005. It has been stated that the petitioners' representative appeared before the Registrar, Firms, Societies and Chits, but she refused to pass an order on 7.11.2005. The reasons best known to the respondent No. 2 initiated a fresh proceedings with new opposite parties and issued an order dated 8.11.2005. As the order dated 8.11.2005 was wholly illegal, petitioners filed a writ petition and interim order was granted on 24.11.2004 in Writ Petition No. 71919 of 2005 and the aforesaid order is still in operation and the same has been informed to the opposite parties. The respondent No. 2 was also informed regarding the order dated 24.11.2004 but the respondent No. 2 in a most arbitrary and illegal manner without taking into consideration the order passed by this Court has passed ante dated order dated 22.11.2005 and has directed the respondent No. 4 that the operation of the bank and salary account of the petitioner No. 1 shall be singly operated till the finalization of the dispute. A copy of the same has been filed as Annexure 14 to the writ petition and in that consequent of the aforesaid order the respondent No. 4 has passed order dated 9.12.2005 directing the Basic Shiksha Adhikari, Meerut that the operation of the bank and salary account of the petitioner No. 1 shall be singly operated and the Basic Shiksha Adhikari has also passed the same order on the basis of the order passed by the respondent No. 4.