PANKAJ LUNIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the petitions relate to the dispute of management of a registered society in the name of Surya Nagar Educational Society 1. With consent of learned counsel for the parties, both the matters were heard together and are being decided by this common judgment. Writ-C No.59398 of 2016 would be treated as the leading petition. The petitioners therein claim themselves to be members of the Committee of Management 2 of the said Society. They have assailed the order dated 13.12.2016 passed by the second respondent, Prescribed Authority/Sub Divisional Magistrate in purported exercise of power under Sec. 25 (1) of the Societies Registration Act, 1860 (the Act). They have also prayed for issuance of a writ of mandamus restraining the State respondents from registering the list of members of the Society in pursuance of the impugned order. The companion writ petition is by the rival Committee whose election has been recognised by the second respondent by the order impugned in the leading petition. The relief claimed is for issuance of a mandamus commanding the fourth respondent, Bank of Baroda, to lift the restriction imposed upon it in operating the accounts of the Society.

(2.) The facts in brief are that last election of the Committee was held in the year 2013. Under the approved bye-laws of the Society, the term of the Committee is three years. Clause 7 (ga) (6) of the bye-laws contemplates holding of fresh elections before expiry of the term of the Committee. Indisputably, the last election was held in the year 2013 in which petitioner no.1 was elected as Working President and petitioner no.3 as a member of the Committee. Manish Jain, respondent no.4, was elected as President, one Akash Lunia as Secretary and one Km. Priyanka Lunia as treasurer. The dispute between the parties came into existence on account of holding of an alleged meeting on 20.11.2015 in which the fourth respondent, Manish Jain, the President, claims to have expelled 46 life members and inducted 2 patron members and 56 life members (total 58 members). As a counterblast, the petitioners claim that they held a separate extraordinary General Body meeting on 5.12015, which was attended by 155 members, wherein decision was taken to seize all powers of the President (the fourth respondent) and petitioner no.1, the Working President, was authorised to appoint a committee to conduct elections of the managing committee of the Society. This resulted in division of the Committee into two factions, one represented by petitioner no.1 (hereinafter referred to as 'Lunia brothers') and the other by the fourth respondent, Manish Jain.

(3.) Both the factions filed various complaints against each other before the administrative authorities. The Commissioner, Meerut Division, Meerut taking cognizance of one such complaint filed by Lalit Garg, belonging to the group represented by the fourth respondent, directed the Senior Superintendent of Police, Ghaziabad to get the matter investigated and to take appropriate action against Lunia brothers. It was followed by a communication dated 21.12.2015 by the Commissioner addressed to the District Magistrate, wherein petitioners 1 and 3 and other members belonging to their faction, were restrained from entering the school premises. By another communication issued by the Commissioner on the same date, the Deputy Registrar, Firms, Societies and Chits, Meerut was restrained from taking cognizance of any complaint made by Lunia brothers. The Additional District Magistrate (Administration) Ghaziabad acting on behalf of District Magistrate, Ghaziabad by communication dated 4.1.2016 directed Circle Officer, Ghaziabad to hold an enquiry into the complaint made by the fourth respondent, the President of the Society by application dated 1.01.2016 against Lunia brothers and to take necessary action.