GANDHIAN INSTITUTE OF STUDIES A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION Vs. 4TH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Gandhian Institute of Studies, Varanasi (herein after referred to as GIS), is a society registered under the Societies Registration Act, 1860. The said society was founded in the year 1960 by Jai Prakash Narain and other like minded people, and the same was got registered under the Societies Registration Act, 1860 in the year 1962. The aims and objects of the said society were to disseminate Gandhian thoughts and philosophy and engage in many fold academic activities including research, seminar, science on issues ranging from technology and the use of Gandhian thoughts in the modern world to study of weaker Sections and women etc. In the year 1977 Indian Council of Social Sciences and Research (ICSSR), a nodal body of the Ministry of Human Resources Development (MOHRD), Government of India started giving financial aid for the activities of Gandhian Institute of Studies (GIS). Large scale complaints were made and during the period starting with effect from 1994-97 Special Audit Team raised various objections, and based on the said objections, ICSSR as well as Government of U.P. stopped the grant in aid to GIS, which was on fifty - fifty per cent basis. Registration of the society was going to expire, as such an application for its renewal was moved on 17.07.2000 to renew the same with effect from 10.10.2000. The Assistant Registrar, Firms, Societies and Chits was not taking any action on the said renewal application, and in this background, Civil Misc. writ petition No. 44484 of 2000 was filed for issuing a writ in the nature of mandamus directing the Assistant Registrar/Registrar to renew the registration certificate of the petitioner society for five years with effect from 10.10.2000 to 10.10.2005. This court on 17.10.2000 directed the Assistant Registrar to dispose of the application for renewal filed by the petitioner within 45 days. Petitioner has contended that certified copy of the said order passed by this Court was supplied to Assistant Registrar on 25.10.2000, and thereafter, the Assistant Registrar, Firms Societies and Chits on 21.11.2000 demanded certain documents. The said documents were to be produced personally on or before 27.11.2000. It has been contended that Registrar of the petitioner institute on 28.11.2000 produced all relevant documents, but in spite of the same Renewal application was rejected on 05.12.2000. The said action of the Assistant Registrar dated 05.12.2000 refusing to renew the registration of society has been subject matter of challenge in Civil Misc. Writ petition No. 54416 of 2000. In the aforementioned writ petition this Court on 15.01.2001 passed following order, which is being quoted below: As prayed put up on 23.1.2001. On that date learned Counsel for the petitioner will submit all the original documents required by letter of the Registrar of the Societies dated 21.11.2000, Annexure-16 to the writ petition as well as another set of photo copies of documents and the same set of photostate copies will be retained on the file and original documents will be handed over to the learned Standing Counsel for onward transmission to the Registrar of Societies so that it may be re-considered as required by him within the prescribed time.

(2.) While proceeding for renewal were going on, notice dated 22.01.20001 was sent asking the petitioner to show cause as to why society in question be not dissolved. No reply was submitted to the said show cause notice and then Misc. Case No. 56 of 2001 was filed on behalf of Registrar for dissolution of society under Section 13-B of the Societies Registration Act, 1860. The said application was dismissed for want of prosecution on 13.08.2001. No attempt or endeavor was made for recall of the order dated 13.08.2001. Thereafter, another application was moved through D.G.C. (civil) on 22.09.2001, and this application was also got dismissed as not pressed, and endorsement was made on the margin of the said application. The order dated 13.09.2001 in Misc. Case No. 109 of 2001 is being quoted below: This application was not pressed as endorsed on the margin of the application. Therefore, rejected.

(3.) Thereafter misc. case No. 243 of 2002 was filed before the District Judge, Varanasi on behalf of Assistant Registrar again through D.G.C (civil), Varanasi, mentioning therein that in the past Misc. Case No. 109 of 2001 has been got rejected, and for the grounds mentioned society in question is liable to be dissolved. Dissolution application was moved on 08.11.2002. The Assistant Registrar, Firms, Societies and Chits in the meantime on 31.01.2003 granted renewal to the registration of the society for five years with effect from 10.10.2000 to 10.10.2005. When cognizance was taken of the proceeding under Section 13-B of the Societies Registration Act in Misc. Case No. 243 of 2003 then issue was sought to be raised that entire proceedings were mala fide and were without jurisdiction, as renewal of society had already been done by the Assistant Registrar and proceedings for dissolution of society was thus not competent. Petitioner at this juncture filed writ petition No. 13628 of 2003 for quashing proceedings and for directing the respondent authorities not to interfere in the functioning of society. This court on 22.04.2003 directed that further proceedings may go on, but no final orders be passed. In the meantime, Assistant Registrar in exercise of its power under Section 12-D(1) passed order canceling the order of renewal of registration dated 31.01.2003. This Court on being approached by petitioner through writ petition No. 23650 of 2003 stayed the operation of the aforementioned order. During the ongoing proceedings before the concerned court, application was moved for appointment of receiver. In the said proceedings objections had been filed and thereafter concerned Court which was seized of the matter on 24.12.2004 passed order directing appointment of receiver. The said order directing appointment of receiver has been subject matter of challenge in writ petition Nos. 56277 of 2004 and 56278 of 2004 filed by GIS as well as ICSSR, respectively. On the presentation of aforementioned writ petitions this Court stayed the operation of the order by means of which receiver had been appointed in the society in question.