Tripathi Vs. State of U.P. & Ors.  INSC 559 (18 March 2009)
JURISDICTION CIVIL APPEAL NOs. 5969-5971 OF 2001 Virendra Dhar Tripathi
...Appellant(s) Versus State of U.P. & Ors. ...Respondent(s) With Cont. Pet
(C) Nos.318-320/2000 in C.A.Nos.5969-5971/2001 Cont. Pet (C) Nos.130-132/2001
O R D E R
Nos.5969-5971 of 2001:
Heard learned counsel
for the parties.
By an order dated
20.09.1999 learned Single Judge of the High Court disposed of Writ Petition No.
2381 (MS) of 1999, Writ Petition No. 591 (MS) of 1999 and Writ Petition No.
43(MS) of 1999, first two of which were filed challenging the actions of the
District Inspector of Schools, Pratapgarh in the matter of election to the
Managing Committee of the society which was running Beni Madhav Junior High
School, Siloudhi, District Pratapgarh and the third one was filed for quashing
communication dated 17.10.1974. The learned Single Judge opined that it will be
appropriate to relegate the matter to the Prescribed Authority under Section 25
of the Societies Registration Act, 1860 (for short `the Act') to determine the
question of membership as well as validity of the election held on 4.9.1999.
The learned Single Judge also ....2/- -2- directed that if the Prescribed
Authority comes to the conclusion that the election was based on valid list
then the elected committee shall be continue else the matter be referred to the
Registrar/District Inspector of Schools for holding the election.
In compliance of the
direction given by the learned Single Judge, the Prescribed Authority cum
Deputy District Magistrate, Lalganj, Pratapgarh passed orders dated 28.10.1999
and 30.10.1999. By the first order, he declared the election of Shri Ram
Swaroop Bharti as President of the society is illegal. By the second order, the
Prescribed Authority held that the valid list of voters comprises of 68 persons
and directed that the same be forwarded to District Inspector of Schools,
Pratapgarh and Deputy Director, Allahabad for holding elections of the Managing
The order of the
learned Single Judge was challenged in Special Appeal No. 455 (MS) of 1999 and
two orders passed by the Prescribed Authority were challenged in Writ Petition
No. 3326 (MS) of 1999 and Writ Petition No. 3232 (MS) of 1999. The Division
Bench did not examine the correctness or otherwise of the direction given by
the learned Single Judge and legality of the consequential orders passed by the
Prescribed Authority and disposed of the special appeal and writ petitions by
directing the Registrar Societies to first determine the membership of the
society after examining the records and giving an opportunity to the parties
concerned and thereafter hold election of the Society in accordance with
Section 25 of the Act. In our view, in the facts and circumstances of the case,
the Division Bench should have decided the issues raised in the special appeal
and writ petitions on merits. Since that has not been done, the impugned order
is liable to be set aside.
Accordingly, the civil appeals are allowed, the impugned order of the Division
Bench of the High Court is set aside and the matter is remanded for decision of
the special appeal and writ petitions on merits in accordance with law. The
Division Bench of the High Court shall now hear the parties and decide the
issues raised in the special appeal and writ petitions. Since, the matter has
remained pending for a long time, the High Court is requested to dispose of the
cases within six months from the date of receipt/production of this order. It
is also directed that till the disposal of the cases by the High Court, the
concerned Sub-Divisional Magistrate shall continue to exercise the financial
and administrative control over the Society.
Cont. Pet (C)
Nos.318-320/2000 in C.A.Nos.5969-5971/2001 and Cont. Pet (C) Nos.130-132/2001
petitions have become in fructuous and are accordingly disposed of.