Court No. 21
Civil Misc. Writ Petition No. 1569 of 2010
Arvind Kumar
Vs.
State of U.P. and others
Hon'ble V.K. Shukla, J.
Present writ petition has been filed by the petitioner questioning the validity
of the order dated 21.11.2009 passed by the Assistant Registrar Firms, Societies &
Chits, Azamgarh Division, Azamgarh in a proceeding under Section 4 of the
Societies Registration Act, 1860.
Brief background of the case is that in the district of Azamgarh there is
registered society namely Sant Ravidas Harijan Kalyan Samiti Azamgarh. Said
society was registered under the provision of Societies Registration Act 1860. On
2.1.1995 society in question was registered for the first time societies registration
was renewed on the papers submitted by Manauti Prasad, Manager for period of
five years on 20.1.2000. List of the office bearer submitted by him in the year 2002-
03, same was accepted by the authority concerned on 29.4.2003. Manauti Prasad
submitted paper for renewal of the registration of the society, said renewal was
accorded on 21.11.2009 for five years and said renewal is valid uptil 21.1.2009. In
the said society concern till 21.11.2007 there has been no dispute whatsoever. On
3.6.2008 Arvind Kumar described himself as Manager, appending therein
resolution dated 6.1.2008 wherein in respect of one Kallu Ram, who was treasurer
condolence meeting had taken place. Proceedings has also been appended
wherein place of Kallu Ram, Sri Janardan, Sri Ram Badan and Sri Ram Bihari
Ram were shown to have been elected. Arvind Kumar came out with the case that
he is recognised Manager and change has been made in respect of treasurer of
the society. On the papers submitted by the Arvind Kumar, Manauti Prasad was
informed of the claim which was set up and list of office bearers and documents
were asked for on 27.8.2008. Arvind Kumar proceeded to mention that
proceedings for renewal had illegally been got done by Manauti Prasad and
papers submitted by him are genuine. Manauti Prasad submitted that at the time
of renewal, action has been taken on the papers submitted by him and Arvind
Kumar was not at all even primary member of the society and he has never
enrolled by him. Assistant Registrar Firms, Societies & Chits, Azamgarh Division,
Azamgarh considered the claim and thereafter found that all the time, proceedings
in question were being undertaken on the paper submitted by Manauti Prasad and
Arvind Kumar has miserably failed show and substantiate that he is valid member
of the society and, in this background has proceeded to reject the claim. At this
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juncture present writ petition has been filed.
Sri Munna Yadav, learned counsel for the petitioner contended with
vehemence that in the present case Arvind Kumar was valid member of the society
and proceedings submitted by him were valid proceedings and Assistant Registrar
Firms, Societies & Chits, Azamgarh Division, Azamgarh has erred in law in passing
such order and as such writ petition deserves to be allowed.
Countering the submission, learned Standing Counsel on the other hand
contended that rightful view has been taken in the matter and disputed question of
facts are being raised, as such writ petition deserves to be dismissed.
After respective arguments have been advanced, factual position, which is
emerging in the present case is that petitioner has miserably failed to show and
establish as to at what point of time he had been enrolled as member of the society
and who had inducted him as member of the general body of the society and
further he has failed to produce any documentary evidence in support of his
membership. In the entire body of the writ petition, petitioner has proceeded to
mention that his name has been entered as member in the list and he has been
nominated as Manager. Petitioner has not at all disclosed as to in what way and
manner he was inducted as member of the society and who had inducted him as
member of the general body of the society. Once factum of the membership of the
petitioner is highly disputed and prima facie the fact is clear that he is not valid
member of the society, then this court refuses to interfere with the same and
remedy of the petitioner lies in filing suit for declaration of his being valid member
of the general body of the society.
Consequently, writ petition is dismissed.
No order as to cost.
Dt. 13.01.2010.
T.S.