High Court · 2025

Case :- WRIT - C No. - 10537 of 2023 Petitioner :- Bappa Shri Narain Vocational Institute, Lucknow Thru. Secy. Sri D.N. Dubey And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy., Institutional Finance, Lucknow And Others Counsel for Petitioner :- Lalta Prasad Misra,Dwijendra Mishra,Prafulla Tiwari Counsel for Respondent :- C.S.C.,Dwijendra Mishra,Nazim Ali Siddique Hon'ble Pankaj Bhatia,J.

1. Heard Shri Lalta Prasad Misra and Shri Prafulla Tiwari, learned counsels for the petitioners, Shri Nazim Siddiqui, learned counsel appearing for opposite party no.3 as well as learned counsel for the State-respondent(s) and perused the material brought on record.

2. The present petition has been filed challenging an order dated 23.11.2023, whereby an order has been passed by the Deputy Registrar, Firms, Societies and Chits, directing the holding of fresh elections in exercise of powers under Section 25(2) of the Societies Registration Act on the basis of tentative list of members comprising of 100 members of the year 2018-19.

3. The facts in brief are that, petitioner no.1 is a Society registered under the Societies Registration Act and the petitioner no.2 and 3 are President and Secretary of the said society. It is stated that the society was initially established in the name of 'Kanya Kubja Vocational', subsequently, it was named as "Bappa Shri Narain'. It is stated that the society is governed in terms 'Bye-Laws' framed and has two separate Scheme of Administration for the Graduate/Post Graduate College and for Intermediate School comprising of members from the society. It is stated that in the year 2018 an election was held of the society from amongst the 100 registered members of the General Body of the Society on 10.07.2018. It is also stated that the election in terms of the Scheme of Administration of the university was held on 24.12.2017 and was also recognized under the U.P. State Universities Act. It is also stated that in terms of the Bye-Laws as well as in terms of the provisions contained in the Scheme of Administration, the term of the Committee of Management is five years or till the constitution of the new committee of management.It is further stated that as the five years term of the Committee of Management in terms of the Scheme of Administration pertaining to the university, election was held on 25.12.2022 and was sent to the university for recognition. Similarly, the election of the Committee of Management of the Society was held on 25.12.2022 and the proceedings were submitted along with covering letter on 24.01.2023, however, in the election of the society, it was inadvertently mentioned "Scheme of Administration' instead of society. It is stated that on account of certain facts, the election of the university held on 25.12.2022 was decided to be recalled and, the election held on 25.12.2022 was disapproved by the university. It is also stated that new of the said development, a decision was taken in the meeting of the society for holding fresh election, as the term of the Committee of Management of the Society was due to expire on 24.08.2023. It is also stated that the election proceedings for constituting the Committee of Management of the Postgraduate College was held on 26.03.2023 and were sent to the university and despite objections, the same were approved on 13.05.2023. It is further stated that the elections of the Committee of Management of the Society was held on 26.03.2023. From amongst 100 members, as were shown in the list dated 25.08.2018, as 08 members out of the said 100 had died and two members had surrendered their membership, 10 new members were inducted from amongst whom, the election was held. The election of the Committee of Management was forwarded before the respondent by the Secretary and list of the General Body was also submitted, which included the ten newly inducted members, however, in the list issued, the respondent put a seal 'that the said list was not valid for any elections and the said list was unregistered and no exercise had been carried out with regard to the validity of the said list.' It is stated that the election of the Committee of Management of the Society held on 26.03.2023 was attended by 79 members, however, the opposite party no.3 objected on the basis of elections held on 25.12.2022, which were subsequently annulled. By means of the impugned order, the Deputy Registrar, Firms, Societies and Chits, directing the holding of fresh election in perpetual exercise vests under Section 25(2) of the Societies Registration Act. He argues that the said order was passed, mainly on the reasoning that in the document submitted, 'Prashasan Yojna' was mentioned, which counsel for the petitioners submits that was on account of inadvertence.

4. The next contention of counsel for the petitioners is that, admittedly, there were 100 members of the society and, subsequently, some members died, on account of which, new members were inducted and a list thereof was submitted before the Deputy Registrar, Firms, Societies and Chits, however, instead of approving the said list, a list has been issued, in which it has been said that the same is not valid for election purposes.

5. It is argued that in terms of Section 4-B of the Societies Registration Act, it is incumbent upon the Deputy Registrar to accept the list and for non-acceptance, valid reasons should exist with regard to the induction of members. It is further argued that no power vests in the Deputy Registrar to inscrise 'not valid for election' on the list as submitted and to that extent, the inscription contained in the list of members, as submitted is bad in law and is liable to be quashed.

6. Considering the aforesaid two submissions, primafacie, the order impugned records that the election dated 26.03.2023 was not of the Committee and was that of the College, perhaps the same appears to be on account of inadvertent inscriptions by the petitioners themselves.

7. In view thereof, the order dated 23.11.2023 is set- aside/quashed so far as it relates to the election dated 26.03.2023. The matter is remanded to the Deputy Registrar, Firms, Societies and Chits to pass fresh orders.

8. The petitioners would be permitted to place whatever documents they feel necessary, to demonstrate that the election dated 26.03.2023 pertains to the Committee and not that of the College. After considering whatever documents are placed, the fresh orders shall be passed by the Deputy Registrar, Firms, Societies and Chits within a period of two weeks from the document being filed, in accordance with law.

9. The Deputy Registrar, Firms, Societies and Chits shall also pass fresh order on the list of members submitted by the petitioners after verifying the same and while doing so, he would not inscribe whether the same was valid for election purposes or not. The said action shall also be concluded within the aforesaid period.

10. The petition stands disposed of with the aforesaid observations. Order Date :- 11.8.2025 Praveen PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench