C/M Sri Subhash Uchchatar Madhyamik Vidhyalaya Samiti And Another & Others vs State Of U P And Others & Others

Court No. - 7

Case :- WRIT - C No. - 21168 of 2019 Petitioner :- C/M Sri Subhash Uchchatar Madhyamik Vidhyalaya Samiti And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Adarsh Singh,Indra Raj Singh WITH Case :- WRIT - C No. - 19769 of 2019 Petitioner :- C/M Sri Subhash Uchchatar Madhyamik Vidhyalaya Samiti And Another Respondent :- Prescribed Authority/Sub Divisional Magistrate And 4 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Sharad Kumar Pandey

Hon'ble Ajay Bhanot,J.

1. By the order dated 24.05.2019, passed by the prescribed authority/Sub-Divisional Magistrate, Sagri, District-Azamgarh, the list of members of the society, has been determined, and the consequential order dated 25.05.2019, passed by the District Inspector of Schools, Azamgarh, directs to hold the elections on the foot of the aforesaid list of members.

2. In both the writ petitions, the order dated 24.05.2019 passed by the prescribed authority/Sub-Divisional Magistrate, Sagri, District-Azamgarh, and the order dated 25.05.2019 passed by the District Inspector of Schools, Azamgarh, are assailed by the rival parties.

3. After some arguments, both the rival parties represented by Sri Indra Raj Singh, learned counsel, and Sri Prabhakar Awasthi, learned counsel respectively, agree that the determination of valid membership, as per law has not been made.

4. There is a consensus amongst the counsels for the rival parties that matter has to be decided, afresh by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, and the membership has to be determined, in accordance with the procedure, prescribed under Section 4-B of the U.P. Societies Registration Act.

5. The failure of the prescribed authority/Sub- Divisional Magistrate, Sagri, District-Azamgarh, while passing the order dated 24.05.2019, to consider the documents relevant for determination of valid membership of the society, renders the order vulnerable to judicial review.

6. With consent of Sri Indra Raj Singh, learned counsel, and Sri Prabhakar Awasthi, learned counsel, for the respective parties, the order dated 24.05.2019 passed by the prescribed authority/Sub-Divisional Magistrate, Sagri, District-Azamgarh, and the order dated 25.05.2019 passed by the District Inspector of Schools, Azamgarh, are quashed and the matter is remitted, to the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, to execute the following directions:

I. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, shall determine the membership of the society, in accordance with the procedure prescribed under Section 4-B of the U.P. Societies Registration Act.

II. The determination of membership, shall be made by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, after giving an opportunity of hearing, to all concerned parties, including the parties before this Court.

III. The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, on 28.08.2019. The parties shall exchange their respective pleadings and relied on documents.

IV. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, shall record a finding in the proceedings book, regarding service of pleadings and documents relied on by the parties upon their respective adversaries.

V. In case some parties, who are not before this Court, shall also be noticed and will be entitled to an opportunity of hearing before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.

VI. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, shall return a finding in this regard in the proceedings book.

VII. The list of valid membership of the society, shall be decided by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, within a period of four months, from the date of, receipt of, a certified copy of this order.

VIII. After the determination of the membership, the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, shall take steps to hold elections of the society, under Section 25(2) of the U.P. Societies Registration Act, preferably, within a period of three months, from the date of such determination.

7. With the aforesaid directions, the writ petition is finally disposed off.

Order Date :- 13.8.2019 Ashish Tripathi