RAM KRISHNA SEVA SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the writ petitions have been filed for quashing the order dtd. 28/2/2020 passed by the Inspector General of Registration, Jharkhand (the respondent no.-10 of W.P.(C) No. 1151 of 2020] whereby the 'certificate of amendment' in executive committee (office bearers as well as other members of the executive committee) of 'Sri Ramkrishna Seva Sangha' (hereinafter to be referred as "the Society") has been issued in favour of Sukrit Bhattacharjee (the respondent no.9 of W.P.(C) no. 1151 of 2020) and others in exercise of the power conferred under the Societies Registration Act, 1860 (in short, "the Act, 1860").

(2.) Since the common issue is involved in both the writ petitions, the same have been heard together and are being disposed of by this common order treating W.P.(C) No. 1151 of 2020 as a lead case in which the petitioner of W.P.(C) No. 1094 of 2020 has also been arrayed as respondent no.8.

(3.) Mr. Ajit Kumar, learned senior counsel appearing on behalf of the petitioner of W.P.(C) No. 1151 of 2020, submits that the Society was registered in the erstwhile State of Bihar on 20/2/1965 under the Act, 1860 vide Registration No. 46 of 1964-65. The aim and object of the Society is to impart and promote the study of 'Vedanta' and its principles as propounded by Sri Rama Krishna Paramhans as well as Swami Vivekanand. The Society also runs a school namely Vivekanand Vidya Mandir (VVM), Sector-II, Dhurwa, Ranchi. In the year 2008, Alok Kumar Sinha (the respondent no. 7), who was only a member of the Society, illegally called an annual general meeting of the Society on 2/11/2008 and got himself elected as President of the same. On the same day, he called an Extraordinary Executive Committee Meeting of the Society in which 73 new members including Abhay Kumar Mishra i.e., the Secretary-cum-Manager of the petitioner-Society were enrolled by him. It is further submitted that the Society was re-registered in the State of Jharkhand vide registration no. 851/2008 dtd. 9/12/2008 and at that time, Om Prakash Saran was the President of the Society whereas Kashi Nath Mukherjee and Ranendra Deb Bhattacharjee (the respondent no. 8) were Vice-President and Secretary respectively. It is also submitted that in the annual general body meeting held on 6/7/2014, Alok Kumar Sinha (the respondent no. 7) was again elected as President whereas Kashi Nath Mukherjee and P.N Roy were elected as Secretary and Treasurer respectively along with other executive members.