IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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 in C.A.Nos.5969-5971/2001

O  R  D  E  R

Civil Appeal 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 Committee.

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.

....3/-

- 3 -

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.

No costs.

Cont. Pet (C) Nos.318-320/2000 in C.A.Nos.5969-5971/2001 and Cont. Pet (C) Nos.130-132/2001 in C.A.Nos.5969-5971/2001:

The  contempt  petitions  have  become  infructuous  and  are  accordingly

disposed of.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 18, 2009.