BABU RAM SHIKSHA PRASAR SAMIT Vs. DEPUTY REGISTRAR, FIRM, SOCIETIES AND CHITS AND KRIPAL SINGH, ALLEGED MANAGER, SRI BABU RAM SHIKSHA PRASAR SAMITI (REGISTERED SOCIETY)

JUDGEMENT

(1.) Smt. Ram Rati Yadav claiming herself to be as Manager of Sri Babu Ram Shiksha Prasar Samiti, has filed present writ petition questioning the validity of the decision dated 7.6.2006 taken by the Deputy Registrar Firm, Societies and Chits Regional Office, Agra according renewal of the registration of the society and accepting the list of the office bearers of the year 2006-2007.

(2.) Brief background of the case is that in the district of Etah there is society known as Sri Babu Purva Madhyamik Vidyalaya Samiti, which had been registered initially on 23.11.1977 as per the provision as contained under Societies Registration Act, 1860. Petitioners submit that last renewal of the society was done on 23.11.1990 by the Managing Committee, wherein one Sonpal Singh was elected as Manager and Netrapal Singh was elected as President and said renewal was for the period of five years starting with effect from 1990-1995. Petitioners have further stated that elections were held on 8.8.1993, wherein Netra Pal Singh was elected as President and Sonpal Singh was elected as Manager. It has been stated that there was no dispute in reference to the election of the Committee of Management and thereafter, fresh elections were held on 8.8.1999 wherein one Netrapal Singh was elected as President and one Sonpal Singh was elected as Manager for the tenure 1999-2002, as tenure of the Managing Committee of the society was three years. It has been stated that one Smt. Kamlesh Yadav was also elected as Deputy Manager in the election. petitioner No. 2 claims her enrolment as member of General Body on 8.7.2000. Petitioner No. 2 has contended that the said society was renamed as Babu Ram Shisha Prasar Samiti. Sonpal Singh expired on 10.3.2001. Petitioner No. 2 submits that thereafter Smt Kamlesh Yadav was given charge till regular election of Manager. It has also been stated that there was theft in the institution and as such entire records were stolen for which first information report was lodged on 11.3.2002. Petitioner No. 2 further claims that casual vacancy of Manager was filled on 25.3.2002, wherein she was elected as Manager. Petitioner No.2 submits that thereafter, regular elections were held on 8.8.2002 wherein she was elected as Manager, alongwith other office bearers and member. Petitioner has further contended that on 26.7.2004 application was moved for renewal of the registration of society along with election proceeding held in the year 1993, 1996, 1999 and 2002 along with income expenditure and other details and thereafter renewal was accorded on papers submitted by her on 2.8.2004. Petitioner has further submitted that fresh elections were held on 21.11.2005 wherein Netra Pal Singh was elected as President and Smt. Ram Rani Yadav, petitioner No. 2 was elected as Manager. Application for renewal of registration alongwith the copy of the election proceeding was moved before the Deputy Registrar Firm, Societies and Chits on 25.11.2005. Petitioner has contended that her signatures were also attested and there are series of document to demonstrate, her recognition as Manager. Petitioner has contended that while matter of renewal was pending, another set of persons also carrie forward and they also claimed renewal of the registration of the society and papers so submitted by other group of the persons was accepted by the Deputy Registrar Firm, Societies and Chits by according renewal and accepting the list of the office bearers and member on 31.3.2006. Against the said order, petitioner filed Civil Misc. Writ Petition No. 23190 of 2006 and this Court on 27.4.2006 allowed the aforementioned writ petition by quashing the impugned order and Deputy Registrar, Firms Societies and Chits was directed to pass fresh reasoned order after giving opportunity of hearing to the parties concerned. Petitioner No. 2 has contended that thereafter, she represented the matter on 8.5.2006 along with copy of the order dated 27.4.2006 for renewal of the society, and further for rejecting the claim of Kripal Singh, which has been moved vide application dated 22.11.2005. Petitioner has contended that each and every document filed by her would show the veracity of the proceedings. Thereafter, Deputy Registrar, Firms Societies and Chits has proceeded to pass order on the papers of the Kripal Singh by according renewal of the registration of the society and accepting the list office bearers and members, and qua the petitioner it has been held that she is not a valid member of the general body of the society. At this juncture present writ petition has been filed.

(3.) To this writ petition counter affidavit has been filed and therein it has been contended that entire claim of the petitioner is based on fraud and forgery. It has been contended that petitioner has never been enrolled as member of the society and she is rank trespasser and series of the receipt, issued in the year 2000,2001 and 2002 would fully demonstrate the said aspect of the matter. It has also been contended that at the point: of time, when the matter has been heard, she has not submitted documents, which could substantiate and establish her claim and in this background decision, which has been taken, is correct decision. In respect of the election of the year 1999, it has been contended that Sonpal Singh was elected as Manager, Raghubir Singh was elected as President, Kripal Singh was elected as Assistant Manager, Netra Pal Singh had never elected as President and Smt. Kamlesh Yadav had never been elected as Assistant Manger. It has been contended that in the month of March, 2001, the Manager of the institution Sonpal Singh expired and then meeting was held on 25.3.2001 wherein Sri Kripal Singh was asked to function as Manager. It has been stated that Smt. Kamlesh Yadav has no concern whatsoever with the society and the institution and entire manipulation has been made after death of Sri Sonpal Singh. It has been also been contended that on 11.3.2002, no first information report whatsoever has been lodged and by setting up false and fictitious theory, petitioner succeeded in procuring renewal. In respect of attestation of signature, it has also been stated that documents, which have been filed, same are forged and fabricated documents. It has also been contended that Netra Pal Singh under whose president ship, petitioner is staking her claim, has given affidavit categorically mentioning therein that he has never been elected as President and he has never participated in any meting since 1993. It has also been stated that even account, which has been opened in the Bank, same has been cancelled. Entire claim of the petitioner has been contended to be in genuine and fabricated claim and as such writ petition is liable to be dismissed, has been stated.