LexALLAHABAD HIGH SCHOOL SOCIETY ALLAHABAD & ANR. versus STATE OF U.P. & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
(2011] 6 S.C.R. 759 ALLAHABAD HIGH SCHOOL SOCIETY ALLAHABAD & A ANR. v. STATE OF U.P. & ORS. (Civil Appeal No. 4329 of 2011) MAY 12, 2011 B [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] U.P. Societies Registration Act, 1860 - s. 12D(b) - Amendment of Rules,. Constitution and Bye-laws of appellant C Society, which were registered -Assistant Registrar cancelled registration of the proceedings related to the registered amendments holding that there was manipulation in the record; that the amendments to the proceedings were made arbitrarily, unlawfully and decisions were taken without D following the democratic process and in contravention of the provisions of the Act and the Rules - Direction issued to the Chairman, Governing Body· to convene fresh meeting and take a decision as per Rules - Said order upheld by the Single Judge and the Division Bench of the High Court - On E appeal, held: The basic feature of the Society along with its primary object had been altered by way of amendments to the Rules - Meetings in which the amendments were carried out had not been validly convened and were in violation of the statutory provisions -In the light of the factual findings by the F Assistant Registrar which were upheld by the Single Judge and Division Bench, it is impermissible for Supreme Court to exercise jurisdiction under Article 136 of the Constitution - Rules of the Allahabad High Schools Society, 1952 - Constitution of India, 1950 - Article 136. The Rules, Constitution and Bye-laws of the appellant Society were amended and were registered on 30.05.2007. The said information was communicated to the Assistant Registrar. The Assistant Registrar cancelled G 759 H 760 SUPREME COURT REPORTS [2011) 6 S.C.R. A the registration of proceedings related to amendments registered on 30.05.2007 and directed the Bishop, Diocese of Lucknow, who is an ex-officio member of the Society and Chairman of the Governing Body under the Rules, to convene a fresh General Body Meeting, after B informing all the Members about the present situation and circumstances, and reasons as per the Rules; and take a fresh decision regarding amendments to the Rules. The appellant-Society challenged the said order. Both the Single Judge as also the Division Bench of the High c Court upheld the order passed by the Assistant Registrar. Therefore, the appellant-Society filed the instant appeal. Dismissing the appeal, the Court D HELD: 1.1 The Assistant Registrar, in his order held that the proceedings were illegal/frivotous.Jt was also held that the Members of the Society had die~ prior to 1997 and there was manipulation in the te'Cord; and that the amendments to the proceedings were made E arbitrarily, unlawfully and decisions were taken without following the democratic process and in contravention of the provisions of the U.P. Societies Registration Act, 1860 and the Rules of the Allahabad High Schools Society, 1952. After arriving at such factual conclusion based on F appreciation of acceptable materials, the Assistant Registrar cancelled the registration of proceedings related to the amendments registered on 30.05.2007 under Section 12D(b) of the Act. [Para 12] [768-F-G; 769- F-H] G 1.2 The order of the Single Judge of the High Court shows that there was no quorum in the meeting held on 28.05.2007 in which amendments had been carried out. Four Officers and five members of the Society were present in the meeting. One ex-officio member and four H members were absent. There were total 14 (fourteen) ALLAHABAD HIGH SCHOOL SOCIETY ALLAHABAD 761 & ANR. v. STATE OF U.P. members of the Society. In the Special General Meeting A held on 28.05.2007 only nine members were present. Three quarter member of 14 members would be 10.5 members. Therefore, according to Rule 38 of the Rules, at least 10 members were required to be present at the Special General Meeting held on 28.05.2007. In the B absence of quorum laid down by Rule 38, neither the amendments could be passed in the Special General Meeting of the Society nor could the amendments made be registered by the Assistant Registrar. It was also demonstrated that manipulations/manoeuvrings is writ c large that Principal in connivance with the outgoing Bishop, in order to perpetuate themselves in the Society have made amendments for their benefit and to the disadvantage of the Society and therein Dioces Education Board and the Bishop
Excerpt shown. Read the full judgment & AI analysis in Lexace.