U.S. Bajpai's Writ Petition

U.S. Bajpai's writ petiton

(Last update : Jan. 21, 2008)

Below is the text of the 'writ petition' of U.S. Bajpai, secretary adjunct of SRCM(Claifornia) of Chari, initially published on the Indian Legal Information Institute: (http://www.indlii.org/)

CITATION: indlii2006ALB01573
CASE NO.: WRIT - C No. 19202 of 1999
PETITIONER: U.S.Bajpai,Joint Secretayr,Shri Ram Chandra Mission &Another
RESPONDENT: Assistnat Registrar, Societies And Chits Fund & Others
DATE OF JUDGMENT: 1/25/2006
BENCH: Hon'ble Shishir Kumar, J
JUDGMENT BY: HON. SHISHIR KUMAR, J.
JUDGMENT: COURT NO. 26
CIVIL MISC. WRIT PETITION NO. 19202 OF 1999
U.S. Bajpai & Others
versus
Assistant registrar and others.



HON. SHISHIR KUMAR, J.

This writ petition has been filed for quashing the order-dated 12.4.1999, Annexure-1 to the writ petition passed by respondent no.1.

The present writ petition is having a long history. The facts arising out of the present writ petition are that there is a Society in the name of Sri Ram Chandra Mission, which was registered under the Societies Registration Act 1865. In the year 1995 when the founder President expired, a Working Committee meeting was held for consideration of nomination of Sri Sharad Saxena and Sri P. Rajgopalachari. The Working Committee resolved that Sri P. Raj Gopalachari is the nominated President. Suit No. 283 was filed challenging the nomination and authority of Sri P. Raj Gopalachari. On 20.3.1984 Sri U.C. Saxena along with his brothers and plaintiffs in Suit no.283 called a fake meeting resolving that Sri S.P. Srivastava is the President of the Mission. It has also been submitted that in First Appeal Form Order No. 439 of 1984, Sri P. Rajgopalachari was held to be the President of the Society. Against the aforesaid order a SLP was filed and the same was also dismissed. The Society was renewed from 10.10.1985 for a period of 5 years under the Presidentship of Sri P. Raj Gopalachari and in the year 1990 also it was renewed for a period of 5 years under the same Presidentship. A suit was filed in the Calcutta High Court in which Sri S.P. Sriavastava and Sri B.D. Mahajan were restrained to allege themselves as the President and Secretary. Subsequently, a writ petition was filed in the year 1981 with a prayer to recognize Sri S.P. Srivastava as President and Sri B.D. Mahajan as Secretary in place of registered President Sri P. Raj Gopalachari and Secretary Sri S.A. Sarnad. Then various litigation have taken place in the various Courts and Suit no. 697 of 1995 which was filed by Sri U.C. Saxena for declaration as a President is pending before the Civil Judge, (Senior Division).

It has been submitted on behalf of the petitioner that when in various litigations, Sri U.C. Saxena, respondent no.2 has not succeeded in his claim, he made an application before the Registrar dated 31.12.1988 claiming himself to be the President and by the impugned order dated 12.4.1999 respondent no.1 has passed an order and has referred the dispute to the Prescribed Authority under Section 25 of the Societies Registration Act. Aggrieved by the aforesaid order the petitioner has approached this Court.

The writ petition was entertained and this Court vide its order dated 11.5.99 passed a detailed order and has stayed the operation of the order dated 12.4.99. A counter affidavit has been filed denying the allegations made in the writ petition and it has been stated that respondent no.2 is in effective control and is working as President and as there was a dispute, therefore, the matter has rightly been referred by the Registrar under Section 25 of the Societies Registration Act. The petitioner has brought to the notice of this Court that a writ petition bearing no. 174296 of 2004 was filed by one Navneet Kumar Saxena claiming to be the President of the Society and the interim relief was also claimed but the application for interim relief has been rejected. The petitioner has brought to the knowledge of this Court regarding the finding recorded while considering the interim application in Writ No.17429 of 2004 in which Court has observed that Sri Umesh Chandra Saxena has been challenging the order of Assistant Registrar against which although civil appeal has been filed but no interim order has been passed. Secondly, respondent no.4 is functioning as President of the Mission. The petitioners have failed to show any basis for them to amend the byelaws or claim themselves as President and Office Bearers of the Society. As the byelaws do not contemplate any election of the President and the Working Committee is appointed by the President as per the byelaws 4(G), and the special provisions in the byelaws have been made due to the reasons that Society was founded for spiritual attainment by system of ''Sahaj Marg' the claim of the petitioners to amend the byelaws by providing for election is not sustainable and no interim relief was granted. It has also been informed to the Court that Sri Uemsh Chandra Saxena has already died and, therefore, now there is no dispute and the writ petition be disposed of accordingly.

In view of the aforesaid fact as respondent no.2 has already died and claim of respondent no.2 cannot be said to be based on inheritance, therefore, it appears that now there is no dispute.

In view of above, the writ petition is disposed of accordingly. It is however, open to any interested party to put its claim, if so advised. No order as to costs.

25.1.2006
V.Sri/-

The original text is published 0n: Indian Legal Information Institute (http://www.indlii.org/)