MOHAN LAL Vs. LALIT MOHAN

JUDGEMENT

(1.) This writ petition under Sec. 226 of the Constitution of India has been filed challenging order dated 01.11.2011 passed by Deputy Registrar, Faizabad Division, Faizabad rejecting petitioners' application to proceed under Sec. 13-A of the Societies Registration Act, 1860 [as applicable to the State of Uttar Pradesh] (hereinafter referred to as 'the Act) and approving the resolutions dated 19.06.2009 and 10.08.2009, whereby petitioner no. 2 was expelled. Petitioners have also challenged the resolution dated 10.08.2009 on the ground that petitioner no. 2 has been expelled, without giving any opportunity of hearing etc.

(2.) Briefly stated petitioners' case is that, Nirmal Singh (petitioner No. 2) was founder member of the general body of society and was duly elected to the post of Manager and Treasurer of the Society in the election held on 22.08.2004. In the election held on 20.12.2008, petitioner no. 2 was again elected as Manager and Treasurer for the next term. Private respondent no. 4 (Ram Ratan Lal Rajgarhia) and his son want to capture the property of Mani Mandir Sewa Nyas Samiti, a registered society and eye hospital being run by the Society. Strength of general body in the society is twelve. Society is also running a hospital at Ayodhya, District-Faizabad namely, Ayodhya Eye Hospital. Petitioner no. 2 was also Manager and Treasurer of the Eye Hospital. Sri Ram Ratan Lal Rajgarhia is very influential person. His son Ashok Rajgarhia took Rs. 7,00,000.00 from the eye hospital illegally.

(3.) By non-speaking and unauthorized order dated 19.06.2009, Sri Ram Ratan Lal Rajgarhia removed petitioner no. 2 from the post of Manager and Treasurer of the Society. Said order is against the bye-laws of the society.