Court No. - 39 Case :- WRIT - C No. - 40913 of 2010 Petitioner :- Rafi Khan Respondent :- State Of U.P. And Others Petitioner Counsel :- R.S. Ram Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner has sought the quashing of the order dated 6th
December, 2007 passed by the Prescribed Authority by which the
representation filed by Rakesh Kumar Pandey has been disposed
of.
The record of the writ petition shows that Netaji Subhash Vidya
Mandir, Mangoli Shahabad, district Rampur is a society registered
under the provisions of the Societies Registration Act, 1860
(hereinafter referred to as the ‘Act’). The dispute relates to the
elections of the Committee of Management of the Society held on
18th February, 2000. The list of office bearers elected in the said
election was forwarded to the Assistant Registrar, Firms Societies
& Chits for registration and it was registered on 9th March, 2000.
A dispute was raised and it was ultimately referred to the
Prescribed Authority which refused to answer it on the ground that
the dispute about membership is to be decided in a Civil Court.
This order was assailed in Writ Petition No. 56243 of 2004 and
Writ Petition No. 55422 of 2004. The petitions were allowed and
the matter was remanded to the Prescribed Authority. The
Prescribed Authority thereafter passed an order on 20th January,
2007. The claims set up by Chandra Pal Singh as well as by Sanjay
Singh after the death of Swami Parmanand Dandi have not been
accepted and, therefore, the decisions taken by the Committee of
Management are illegal. This order dated 20th January, 2007 was
assailed in Writ Petition No. 13645 of 2007 which was allowed by
the judgment and order dated 8th June, 2007 with the following
observations:-
“The matter is remanded to the Prescribed Authority for
deciding the following issues afresh:
(a) As to whether the meeting dated 26.9.1999 was convened in
accordance with the bye laws of the registered society and under a
valid agenda or not by a competent person.
(b) As to whether the induction of Chandra Pal Singh as Life
Member of the general body is in accordance with the registered
bye laws of the society or not and whether requisite fee has been
deposited.
(c) As to whether the meeting held on 27.12.1999 had been
validly convened and as to whether the resignation of 34 members
of the general body had been accepted in accordance with the bye
laws of the society or not.
(d) As to whether the induction of 22 new members, as claimed
by Chandra Pal Singh, is in accordance with the bye laws of the
society and under a valid resolution of a validly convened meeting
of the general body or not and as to whether their membership fee
has been deposited.”
It is pursuant to the aforesaid judgment and order that the
Prescribed Authority has now passed the order dated 6th
December, 2007 deciding the aforesaid issues.
The petitioner had never approached the Court earlier against the
order dated 8th June, 2007. Even otherwise, this petition has been
filed after a considerable delay of 2 1/2 year delay and no
satisfactory explanation has been given for this inordinate delay.
The petitioner cannot now be permitted to challenge the order.
The petition is, accordingly, dismissed on the ground of latches.
Order Date :- 19.7.2010
NSC