C/M BHARTI BHAWAN SANSKRIT PATHSHALA THRU PRADHAN MANTRI Vs. REGISTRAR FIRMS SOCIETIES & CHITS LUCKNOW

JUDGEMENT

(1.) Heard learned counsels for parties.

(2.) These are two writ petitions, the first being writ petition no.2141 (M/S) of 2019, whereby the petitioner has challenged the order dated 11.01.2019 passed by the Deputy Registrar, Firms, Societies and Chits, Ayodhya Division Ayodhya and prayed for a mandamus commanding the opposite party no.2 to forward the list of members of the society submitted by the petitioner to the D.I.O.S. Ambedkar Nagar within the stipulated time framed by this Hon'ble Court. The second writ petition no.9673 (M/S) of 2019 is filed challenging the order dated 15.03.2019 passed by opposite party no.2, whereby the Deputy Registrar, Firms Societies and Chits has directed for holding an election in furtherance of his earlier order dated 11.01.2019. Counsels for both the parties submit that the finality of the first writ petition bearing writ petition no.2141 (M/S) of 2019 would decide the dispute as the second order is only a consequential order to the first order of the Deputy Registrar.

(3.) Submission of counsel for petitioner is that last election of the society were held on 09.09.2015 and since 2015 the society was managed by the duly elected committee of management. On 17.02.2018 an application was submitted along with the prescribed fees before the Deputy Registrar for renewal. The renewal order was passed on 13.03.2018 and the society was renewed for a period of five years from 10.10.2015. On 05.04.2018 an application was submitted before the Deputy Registrar for registration of committee of management for the year 2018-19, and the committee of management was also registered by order dated 15.05.2018. The list of members of general body was also submitted for registration on which the Deputy Registrar required the petitioner to produce records before him. He also asked for publication of the list of members of general body in newspaper. At this stage, on 28.05.2018, a dispute with regard to election of the year 2015 was raised by opposite party no.3 by filing objections. Parties were required to file their reply/documents and, after hearing the parties impugned order has been passed. Counsel for the petitioner submits that while passing the impugned order the Deputy Registrar has proceeded to hold the validity of election held on 09.09.2015. He further submits that at number of places finding is given by the Deputy Registrar with regard to the validity of the election dated 09.09.2015. It is pointed out by the counsel for petitioner that such a finding can be found at internal page 15, 16, 17, 18, 19, 20 of the impugned order. He further points out that so far as election dated 10.10.2010 is concerned, the same was admitted by both the parties, as is duly noted at internal page 21 of impugned order. Despite the same being admitted by both the parties, still the Deputy Registrar has also gone on deciding the validity of the said elections. In the said background, counsel for petitioner has referred to Section 25(1) of the Societies Registration Act, 1860 which reads:-