Committee of Management Baba Raghunandan Das Vidyalay Vaishnav Nagar and Another v. State of U.P. and 3 Others

Reserved on 28.04.2026 Delivered on 06.05.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10721 of 2026 …..Petitioner(s) Versus State Of U.P. And 3 Others …..Respondents(s) Counsel for Petitioners(s) : Yogesh Kumar Saxena Counsel for Respondent(s) : Alok Dwivedi, C.S.C. Along with :

¶1Writ - C No. 13322 of 2026: Committee of Management and Another Versus State of U.P. and 3 others Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.

¶1This is a bunch of two writ petitions whereby same order is under challenge, i.e., an order dated 23.01.2026 passed by Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur. Committee Of Management Baba Raghunandan Das Vidyalay Vaishnav Nagar And Another

¶2First writ petition, being Writ-C No. 10721 of 2026 was filed on

12.03.2026 by Committee of Management, Baba Raghunandan Das Vidyalay Vaishnav Nagar, Billhor, Kanpur Nagar through its President, Dr. Rajendra Katiyar and it is supported by an affidavit sworn by one, Gyanendra Awasthi declaring himself to be a pairokar without any further declaration that under what capacity he is connected with petitioners' Committee of Management. The writ petition is accompanied by a resolution dated 08.02.2026 whereby the said deponent was authorized to do pairavi. There is an earlier resolution dated 02.09.2025 whereby Dr. Rajendra Katiyar was authorized to file writ petition instead of Sri Ashok Kumar Katiyar, the Manager of Committee of Management.

¶3Second writ petition, being Writ-C No. 13322 of 2026 was filed on 28.03.2026, i.e., subsequent to above referred writ petition by same Committee of Management but now through its Manager, Ashok Kumar Katiyar. This writ petition is accompanied by an affidavit of said petitioner. In this writ petition there is no reference, whether petitioner was authorized to file this writ petition even after earlier writ petition was filed challenging same impugned order through its President.

¶4The aforesaid circumstances are explicit example that it was necessary that a conscious decision be taken by Committee of Management not only to challenge any adverse order but to authorize a person, i.e., Office Bearer or Member of Committee of Management as per bye laws. In no circumstance a stranger can be appointed to sworn an affidavit on behalf of Committee of Management and its Office Bearers since in no circumstance it can be assumed that he would be aware with affairs of Committee of Management.

¶5In aforesaid circumstances, both writ petitions can be dismissed with cost though at this stage the Court is dismissing only first petition, i.e., Writ-C No. 10721 of 2026 filed by Committee of Management through its President since it is accompanied by an affidavit of a stranger though the Court takes note that there was an authorization but said authorization cannot be treated to be a proper authorization being contrary to its bye-laws whereby Manager is authorized to represent Committee of Management in legal cases. A cost of Rs. 50,000/- each is imposed on the President of Committee of Management and deponent of referred writ petition.

¶6Now only the second writ petition, i.e., Writ-C No. 13322 of 2026 survives wherein petitioners are represented by Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri A.N. Pandey and Sri Y.K. Saxena, Advocates, Respondents-1 and 2 are represented by learned Standing Counsel and Respondents-3 and 4 are represented by Sri V.K. Singh, learned Senior Advocate assisted by Sri Alok Dwivedi, Advocate.

¶7This is a case arising out of a dispute of list of Members of General Body of petitioners' Committee of Management. Earlier a dispute of list of Members was considered by this Court in Writ-C No. 36738 of 2025, wherein an order dated 04.09.2025 was challenged whereby the Deputy Registrar, Kanpur has passed an order that a list dated 30.07.2023 submitted by Ashok Kumar Katiyar (Petitioner herein) being last election of Committee of Management on basis of list of 69 Members of General Body was found to be defective and accordingly election for year 2025-26 which was earlier registered on 30.07.2025 submitted by Sri Ashok Kumar Katiyar, Manager was also cancelled on a complaint of private respondents.

¶8Aforesaid Writ-C No. 36738 of 2025 was finally disposed of vide an order dated 20.11.2025 and this Court has directed Deputy Registrar, Kanpur to pass a fresh order after hearing parties and decide the dispute of list of Members. Accordingly a fresh order dated 23.01.2026 was passed whereby a list submitted by Sri Ashok Kumar Katiyar (petitioner herein) of the years 2020-21 and 2025-26 were again found defective and list of Members of General Body for the year 2025-26 submitted by petitioners was not approved and list dated 20.06.2017 submitted by earlier Manager, Sri Shiv Nath Katiyar was declared to be valid. Said order is impugned herein and it's relevant part is mentioned hereinafter: WritoCoNo.o10721oofo2026 "मेरेoदቛ ाराoउभयपकቌ ो oको oसुना oगया oतथा oपतቔ ावली oमेंo उपलब् ध अणि भलेखोoसवि हतoपቚ स् तुतoसाቌኚ योoकाoभलीभांधि तoपरि रशीलनoवि कयाoगया। संस् थाoके oतत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ाराoपቚ स् तुत oशुल् कoवoपቚ पतቔ ोoके oआधारoपरoसंस् थाoकाoनवीनीकरणoवि दनांकoo23.09.2017ooकoो वि कयाoगयाoथा।oतत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ाराoसंस् थाoके oनवीनीकरणoहेतुoपቚ स् तुतoअपनेoपቚ त् यावेदनoवि दनांकoo20.06.2017ooके oमाध् यमoसoे oसंस् थाoकीoo59ooसदस् यीयoसाधारणoसभाoकीoसूचीoवषቧ रooo2016-17ooपቚ स् तुतoकीo oगयीoथी।oजि जसमेंoकु लoo56ooसदस् योoकोoजीवि वतoहोनेoकाoउ्ቤ ेखoवि कयाoगयाoथा।o उभयपकቌ ोoके oमध् यoउपरोकሹ o सदस् यताoसूचीoकोoलेकरoवि ववादoनहीं o ह।ै oशቦ ी णि शवनाथoकवि टयारoदቛ ाराoसंस् थाoके oनवीनीकरणoहेतुoपुनःoअपनाoपቚ त् यावेदन oवि दनांक oo19.08.2020 ooपቚ स् तुतoवि कयाoगयाoथा।oजि जसके oቅमoमेंo संस् थाoकाo oनवीनीकरणoपቚ माणoपतቔ oवि दनांकoo03.09.2020ooवि नगरतoवि कयाoगयाoथा।oजोवि कo oवि दनांकoo31.07.2020ooसoे o05ooवषቧ joके oलि लयेoवि वधि धoमान् यoरहाo। शቦ ीoअशोकoकु मारoकवि टयारoदቛ ाराoअपनेoपतቔ oवि दनांकo27.06.2025oके माध् यमoसेoसंस् थाoकीoपቚ बन् धoसवि मधि तoवoसाधारणoसभाoकीoसचू ीoवषቧ रo2025-26 पंजीकृ तoवि कयेoजानेoके oअनुरोधoके oसाथoपቚ स् तुतoकीoगयी।oजि जसेoकायारलयoदቛ ारा वि दनांकo30.06.2025oके oआदेशoके oमाध् यमoसेoइसoशतरoके oसाथoपंजीकृ तoवि कया गयाoवि कoपቚ स् तुतoपቚ पतቔ ों oमेंoकोईoतथ् यoणि छपानेoयाoगलतoतथ् यoपቚ स् तुतoवि कयेoजाने कीoबातoभवि वष् यoमेंoयवि दoपቚ काशoमेंoआतीoहoै तोoइसकाoपूणरoउ्ቈ रदाधि यत् वoआपका होगाoतथाoपंजीकृ तoअणि भलेखoपंजीकरणoकीoधि तणि थoसेoअमान् यoएवंoवि वधि धoशून् य होगें। oउभयपकቌ ोoके oमध् यoवि ववादoकीoसኌ स् थधि तoo69ooसदस् यीयoसाधारणoसभाoकीo oसूचीoवषቧ रoo2020-21ooवoपंजीकृ तoकीoगयीoसाधारणoसभाoकीoसूचीoवषቧ रoo2025-26o कोoलेकरoह।ै oशቦ ीoअशोकoकु मारoकवि टयारoडा०oराजेन् दቖ oकवि टयारoकाoदावाoहoै वि क oउपरोकሹ ooo69 ooसदस् यीयoसाधारणoसभाoकीoसूचीoकोoआपके oकायारलयoमoें तत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ाराoअपनेoआवेदनoपतቔ oवि दनांक o19.08.2020ooके oमाध् यमoसेoपቚ स् तुतoवि कयाoगयाoथा।oजबवि कoणि शकायतकतारगणo oशቦ ीoयोगेन् दቖ o जि सहoकवि टयारoकीoणि शकायतेoयहoहैoवि कo उपरोकሹ ooo69 ooसदस् यीयo साधारणoसभाoकीoसूचीoकोoतत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ारा oअपनेoआवेदनoपतቔ oवि दनांकoo19.08.2020ooके oमाध् यमoसेoपቚ स् तुतoनहीं oवि कयाoगयाo oहैoतथाoयहoकथनoवि कयाoगयाoहैoकणि थतoo69ooसदस् यीयoसाधारणoसभाoकीoसूचीo oवषቧ रoo2020-21ooवoo51ooसदस् यीयoसाधारणoसभाoकीoसूचीoवषቧ रooo2025-26ooमेंoशቦ ीo oअशोकoकु मारoकवि टयारoदቛ ाराoफाडoकरके oo21ooनयेoसदस् योoके oनामoवि बनाoवि कसीo oपቚ वि ቅयाoकोoअपनायेoहुएoजोड़ oवि दयाoगयाoहैoतथाoo19ooआजीवनoसंरकቌ कoसदस् यoो कोoहटाoवि दयाoगयाoहैoजोवि कoपूणरतयाःoअवैधावि नकoहै।oउनके oदቛ ाराoयहoअनुरोध WritoCoNo.o10721oofo2026 वि कयाoगयाoहैoवि कoवषቧ रo2020-21oएवंo2025-26oकीoसाधारणoसभाoमेंo21oनये अवैधoसदस् योoके oनामoहटातेoहुएo19oपुरानेoवoवैधoआजीवनoसदस् योoके oनाम जोड़ तेoहुएoसाधारणoसभाoघोवि षቧ तoकीoजाये।oअपनेoकथनोoके oसमथरनoमेंoशቦ ी oयोगेन् दቖ o सሺ सहoकवि टयारoदቛ ाराoमो०oसईदoअहमदoइलि लयासoo, ooशቦ ीoजावेदoकमरo oरि रजवीoo, ooशቦ ीoशादाबoहसैनoo, ooशቦ ीoयोगेन् दቖ o कु मारoकवि टयारoके oनोटरीoशपथपतቔ oु पቚ स् तुतoवि कयेoगयेoजि जसमेंoउनके oदቛ ाराoयहoकथनoवि कयाoगयाoहैoवि कoवि बनाoसूचना एवंoएजेण् डाoकरायेoतथाoउनकोoवि बनाoसूधि चतoवि कयेoउन् हेoसदस् यताoसेoहटाoवि दया गयाoह।ै oउनकीoसदस् यताoकोoबहालoवि कयाoजाये।oशቦ ीoदयाoशंकरoवि मशቦ oकाoनोटरी oशपथपतቔ oवि दनांकoo20.08.2025ooभीoपቚ स् तुतoवि कयाoगयाoजि जसमेंoउनके oदቛ ाराoस् वयoं कोoजीवि वतoहोनेoकीoघोषቧ णाoकीoगयीoह।ै कायारलयoआदेशoवि दनांक o30.06.2025 oके oमाध् यमoसेoशቦ ीoअशोक कु मारoकवि टयारoदቛ ाराoसंस् थाoके oपቚ बन् धकoकीoहजिै सयतoसेoपቚ स् तुतo51oसदस् यीय साधारणoसभाoकीoसूचीoवषቧ रo2025-26oकोoपंजीकृ तoवि कयाoगयाoथा।oजि जसमेंoयह दावाoवि कयाoगयाoथाoवि कoवषቧ रo2020-21oकीo69oसदस् यीयoसाधारणoसभाoकी सूचीoमेंoसेoमृतकोoकोoअलगoकरतेoहएoतथाoमातቔ o02oनयेoसदस् यoजोड़ ेoगयेoह।ैु यहाएoपरoयहoउ्ቤ ेखनीयoहैoवि कoउपरोकሹ o69oसदस् यीयoसाधारणoसभाoकीoसूची कोoलेकरoतत् समयoकोईoणि शकायतoपቚ ा् oनहीoथी।ooकायारलयoमेंoवषቧ रooo2020-21o कीoसाधारणoसभाoकीoसूचीoकोoलेकरoसंस् थाoके oवैधoसदस् योoदቛ ाराoअपनी oआपलि ्ቈ यांoपቚ स् तुतoकीoगयी।oजि जनमेoसेoकधि तपयoसदस् योoदቛ ाराoजि जन् हेoवषቧ रoo2020-o o21ooकीoसाधारणoसभाoकीoसूचीoमेंoनहीoदशायर ाoगयाoहoo,ै ooदቛ ाराoअपनेoनोटरoी शपथपतቔ oपቚ स् तुतoकरतेoहुएoस् वयंoकोoसदस् यताoसेoहटायेoजानेoकोoगलतoबताया गयाoहैoतथाoयहoकथनoवि कयाoगयाoहैoवि कoइसoसम् बन् धoमेंoकोईoभीoएजेण् डाoजारी नहीं oवि कयाoगयाoहैoवoकोईoभीoमीकሡ टगoनहीं oहुईoह।ै oउनके oदቛ ाराoअपनीoसदस् यता कोoबहालoवि कयेoजानेoकाoअनुरोधoवि कयाoगयाoह।ै oपቚ ा् oणि शकायतोoके oቅमoमें उभयपकቌ ोoकोoसुनकरoणि शकायतों o काoवि नस् तारणoकायारलयoआदेशoवि दनांक o04.09.2025ooके oमाध् यमoसेoवि नस् तारणoवि कयाoगयाoथाo।oजि जसके oवि वरू दቍ oमा०oउचሴ न् यायालयoइलाहाबादoमेंoरि रटoयाधि चकाoसंख् याo36738/2025oयोजि जतoकीoगयी थी। o जि जसपर o मा० o उचሴ o न् यायालय o दቛ ारा o पारि रत o अपने o आदशे o वि दनांक

20.11.2025 oके oमाध् यमoसेoकायारलयoआदशे oवि दनांक o04.09.2025 oको अपास् तoकरतेoहएoपቚ करणoकोoवि नस् तारि रतoवि कयेoजानेoके oवि नदरशoवि दयoे गयoे ह।ैु यहoभीoउ्ቤ ेखनीयoहैoवि कoसाधारणoसभाoकीoसूचीoवषቧ रo2015-16oजि जसे तत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ाराoसंस् थाoके oनवीनीकरणoके समयoकायारलयoमेंoपቚ स् तुतoवि कयाoगयाoथाoकोoलेकरoउभयपकቌ ोoके oमध् यoकोईoभी वि ववादoनहीं oह।ै oउभयपकቌ ोoके oमध् यo69oसदस् यीयoसाधारणoसभाoकीoसूचीoवषቧ र 2020-21oजोवि कoतत् कालीनoपቚ बन् धकoशቦ ीoणि शवनाथoकवि टयारoदቛ ाराoहस् ताकቌ रि रत

ै,

कोलेकर ैतथाइसी्ቅ ममेंपं7ीकृतकीगयीसाधारणसभाकीसूचीव्ቧ5 2025-26

केसम्बन्धमेंभीभिशकायते्ቚ ा्቎

ै।काया5लय्ቛ ाराव्ቧ5 2020-21

कीसाधारणसभाकीसूचीकोसोसा०रजि7०अतिध०1860

कीधारा4

बीके

अन्तग5तपूं7ीकृतन ींहिकयागया ै।भिशकायतकता5गणो्ቛ ारा/ावाहिकयागया

हिकहिनብኌववा/ साधारणसभाकीसूचीव्ቧ5 2015-16

के19

आ7ीवनसंर्ቌक

स/स्योकोव्ቧ5 2020-21

एवं2025-26

कीसाधारणसभासेहिबनाहिकसी

्ቚ हि्ቅयाकोअपनाये +ाहि/यागया ैतथाहिबनाहिकसी्ቚ हि्ቅयाकोअपनाये

नयेअवैधस/स्योको7ोड़हि/यागया ै।भिशकायतकता5गणोकीउपरो्ሹ

भिशकायतो का हिवहिन्ቐय अधो स्ता्ቌरी्ቛ ारा रिर+ यातिचका संख्या 36738/2025

मेंमा०उ्ሴ न्यायालय्ቛारापारिरतआ/ेशहि/नांक20.11.2025

केअनुपालनमेंहिकया7ानाअपेति्ቌत ै।

सोसा०रजि7०अतिध०1860

कीधारा- 4

बीके्ቚ ावधानहिनम्नवत ै- 4-B. (1) At the time of registration/renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of the society.

(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, registration or death of any member, a modified list of members of General Body, shall be filed with the Registrar, within one month from the date of change.

(3) The list of members of the General Body to be filed with the Registrar under this section shall be signed by two office bearers and two executive members of the society. Amendment of section 4-B:-For sub-section (2) of section 4-B of the principal Act, the following sub-section shall be substituted, namely:-

(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, registration or death of any member, a modified list of members of General Body. shall be filed with the Registrar, within one month from the date of change. Any change in the list of General Body shall not be valid unless it is approved by the Managing Body.

्ቦ ीअशोककुमारकहि+यारव्ቦ ीरा7ेन््ቖ कहि+यार्ቛ ाराव्ቧ5 2020-21

की69

स/स्यीयसाधारणसभाकीसूचीकोवैधबताया7ार ा ै।7बहिक

्ቚ ा्቎ भिशकायतोसेय हिवहि/त ैहिकसंस्थाकीहिनብኌववा/ साधारणसभाकी

सूचीव्ቧ5

2015-16

में/ቦኌशतव7ीहिवतकईस/स्योको +ाते ुएतथाकुE

नयेस/स्योको7ोड़करसाधारणसभाकीसूचीव्ቧ5

2020-21

गहि^त/शा5यी

गयी ै।इस्ቚ कारसेहिकयेगयेपरिरवत5नोंकेसम्बन्धमेंसोसा०रजि7०अतिध० 1860

कीधारा

बीमें/ቦኌशतसंस्थाकेमूलअभिभलेखोंकापरी्ቌणकीगयी

भिशकायतोकेआलोकमेंहिकया7ानाआवश्यक ो7ाता ैतथाइसबातकी

भीपुहि` संस्थाकेमूलअभिभलेखोसेहिकया7ानाआवश्यक ोता ैहिक

परिरवत5नोकोलेकरहिनयमानुसारअनुमो/नसंस्थाकी्ቚ बन्धसहिमतितसेहिकया

गया ैअथवान ी।याचीगणसोसा०रजि7०अतिध०

1860

कीधारा

बीके

्ቚ ावधानोकेअन्तग5तव्ቧ5

2020-21

कीसाधारणसभामेंहिकयेगयेपरिरवत5नो

कीशु्ቍताकी7ांच ेतुवांभिEतसंस्थाकेमूलअभिभलेखधारा

बी (1)

में

हिकयागया ै

,

को्ቚ स्तुतन ीकरसके ै।7बहिकसाधारणसभासम्बन्धी

स्वयंके/ावोकीवैधताको्ቚ माभिणतकरनेका/ातियत्वयाचीगणोमें ीहिनहि त

ै।वቦኌणतቝኌस्थतितमेंसाधारणसभाकी

स/स्यीयसाधारणसभाकीसूची

व्ቧ5

2020-21

कीशु्ቍतायाचीगण्ቚ माभिणतन ीकरसके ैतथाइसी्ቅ ममें

काया5लय्ቛ ारापं7ीकृतसाधारणसभाकीसूचीव्ቧ5

2025-26

कीशु्ቍताभी

्ቚ माभिणतन ीं ोती ै।

उपरो्ሹ तथ्योएवंउनकीहिववेचनाकेआधारपरयाचीगणों

/ डा०

रा7ेन््ቖ कहि+यार

,

्ቦ ीअशोककुमारकहि+यारकेसाधारणसभाकीसूचीव्ቧ5

2020-21

व 2025-26

कोलेकरहिकयेगये/ावेबल ीन ोनेकेकारण

अमान्यहिकये7ाते ैतथाकाया5लय्ቛारापं7ीकृतसाधारणसभाकीसूचीव्ቧ5 2025-26

कोएत्ቛाराहिनरस्तहिकया7ाता ै।परिरणामस्वरूपउनकीहिनवा5चन

काय5वा ीहि/नांक

30.07.2023

भीअमान्य ैतथातत््ቅममेंपं7ीकृत्ቚ बन्ध

सहिमतितकीसूचीव्ቧ5

2025-26

कोभीअमान्यघोहि्ቧतहिकया7ाता ै

।

काया5लयप्ቔावलीपरउपलब्ध्ቚ प्ቔोंएवंभिशकायतकता5 एवंयाचीगणों

के्ቛ ारा्ቚ स्तुत्ቚ प्ቔोंकेआधारपर्ቚ थमदृष््቎ ाकाया5लयप्ቔावलीपर

उपलब्धसाधारणसभाकीसूचीव्ቧ5 2020-21

कीपुहि` हिकसीभीअभिभलेखों

के्ቛ ारान ीं ोसकी ै।ऐसीቝኌस्थतितमेंपरिरቝኌस्थतित7न्यसाቌኚयोंएवंउभयप्ቌों

केमध्यहिववा/ ीनसाधारणसभाकीसूचीव्ቧ5 2016-17

7ोकाया5लय

प्ቔावलीकेपृ्቗ संख्या-92 व93

परउपलब्ध ै,

जि7सेपूव5्ቚ बन्धक्ቦ ी

भिशवनाथकहि+यार्ቛ ाराकाया5लयमेंहि/नांक20.06.2017

को्ቚ स्तुतहिकया

गया ै,

कोअनቝኌन्तमरूपसेमान्यघोहि्ቧतहिकया7ाता ै।

तनुसाररिर+ यातिचकासंख्या36738/2025

मेंमा०उ्ሴ न्यायालय

्ቛ ारापारिरतआ/ेशहि/नांक20.11.2025

केअनुपालनमें्ቚ करणको

हिनस्तारिरतहिकया7ाता ै।" (Emphasis supplied)

¶9Learned Senior Advocate appearing for petitioners submitted that Deputy Registrar has no power to review its earlier order and by reviewing it, he has committed a legal error. Deputy Registrar by means of impugned order has not only cancelled the list of Members of General Body of the year 2025-26 but also cancelled the election conducted on

30.07.2023 and disapproved the list of Members of Committee of Management for the year 2025-26. Said directions were not only contrary to material on record but beyond the jurisdiction also since there is no provision to cancel entire list of Members of General Body.

¶10Learned Senior Advocate by referring Section 4-B of Societies Registration Act, 1860 submitted that Registrar can examine the correctness of list of General Body of a Society on basis of register of Members of said Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of Society, however, in impugned order there is no such consideration.

¶11Per contra, learned Senior Advocate appearing for Respondents-3 and 4 has supported the impugned order that it was passed strictly in compliance of provisions of Section 4-B of Societies Registration Act. It was incumbent upon petitioners to submit documents, such as, resolution that how the list of 59 Members of General Body of 2016-17, was increased to 69 in the year 2021 and subsequently why name of 10 Members were deleted and 11 new Members were added. However, no document was placed on record before concerned respondents, therefore, there is no illegality in impugned order.

¶12I have considered the aforesaid submissions and perused the record.

¶13On basis of above referred facts, there is no dispute to the list of Members of General Body of petitioners-Committee of Management of the year 2015-16 of 59 Members with further disclosure that three Members were died, i.e., a final list of 56 Members.

¶14The next election of General Body appears to be conducted on

19.08.2020 on basis of said list only and registration was renewed from

31.07.2020 to 31.07.2025, i.e., for five years. In between petitioners have conducted an election of Committee of Management on 30.07.2023 on basis of a list of 69 Members of General Body. This list is germane of dispute.

¶15According to petitioners, name of dead Members and Members who have not paid Membership fees or remained absent in meetings were removed and some new Members were added and subsequently a list of 69 Members of General Body and later on a list of 51 Members of General Body of 2025-26 was presented which has finally deleted names of 19 deceased/ disqualified Members and 21 Members were newly inducted.

¶16In aforesaid circumstances, an order dated 04.09.2025 was passed whereby election dated 30.07.2023 was not declared valid and accordingly list of 2025-26 was also cancelled as at that stage also petitioners have not submitted relevant documents in support of deletion of Members as well as inclusion of Members.

¶17Said order was challenged before this Court by way of filing Writ-C No. 36738 of 2025 and impugned order dated 04.09.2025 was set aside on ground that petitioners were not given ample opportunity to place their case and said order was passed only on basis of contentions of complainant.

¶18In aforesaid circumstances, a fresh order dated 23.01.2026 was passed after hearing both parties and earlier order was reiterated that petitioners were failed to provide relevant documents that how names of 19 Members were deleted being deceased/ disqualified and how names of 21 Members were newly inducted.

¶19The contention of learned Senior Advocate appearing on behalf of petitioners is mainly that in the garb of fresh consideration under Section 4-B of Societies Registration Act, not only list of 69 Members of General Body was found to be incorrect but election conduction on its basis was also cancelled which was beyond the jurisdiction of Deputy Registrar under Section 4-B and for that there must be another proceeding.

¶20Per contra, crux of argument of learned Senior Advocate appearing for private respondents is that since petitioners were not able to show requisite documents in order to prove how new Members were inducted as well as that even the Members who were not dead were shows as dead, therefore, Deputy Registrar has rightly passed impugned order.

¶21In aforesaid circumstances, the Court takes note of Section 4-B of Societies Registration Act, 1860, which has already referred in earlier part of this judgment that Registrar can examine the correctness of list of General Body of a Society on basis of register members of said Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of Society.

¶22Earlier when list was registered there is no reference, whether such exercise was undertaken and list was registered with a specific condition that if subsequently it came to knowledge that there was improper deletion and induction of Members, then order can be recalled, therefore, any argument that Deputy Registrar has no power to recall its order is incorrect.

¶23In aforesaid circumstances, now the Court has to see, whether petitioners who have to discharge the burden of proof that exercise for induction of new Members was undertaken by a due process as well as name of only dead Members were deleted have discharged the burden or not.

¶24There is a specific affidavit of a Member, whose name was deleted on ground that he expired, whereby he has declared that he is still alive, which has been specifically mentioned in impugned order that one Daya Shankar Mishra by a notarized affidavit dated 20.08.2025 has declared that he is alive. This declaration has not been denied in writ petition except in paragraph no. 31 that his name was deleted on account of non deposit of yearly subscription. However, petitioners have not referred any such clause in bye laws that if a Member failed to deposit yearly subscription, his life Membership can be cancelled. Therefore, the reason referred in para 31 of writ petition itself does not sustain and proceeding to that effect is also not placed on record.

¶25Similarly, petitioners have not annexed any document in support of their claim about induction of 19 new Members. Neither proceeding was placed before this Court nor before Deputy Registrar, as specifically mentioned in impugned order and for the sake of repetition relevant finding in this regard as mentioned in impugned order is reproduced hereinafter: "

याचीगणसोसा०रजि7०अतिध०

1860

कीधारा

बीके्ቚ ावधानोकेअन्तग5त

व्ቧ5

2020-21

कीसाधारणसभामेंहिकयेगयेपरिरवत5नोकीशु्ቍताकी7ांच

ेतुवांभिEतसंस्थाकेमूलअभिभलेखधारा

बी (1)

मेंहिकयागया ै

, को

्ቚ स्तुतन ीकरसके ै।"

¶26There is no specific denial to said finding so much as that it can be considered perverse as well as, as referred above, petitioners have not placed any document. The Court also takes note of averments made in para 31 of writ petition that name of 19 life Members were not shown in the list of 2014-15 though it is not specifically denied that their names were recorded in list of 2015-16 and this is also not the reason for their removal.

¶27Court also takes note of a communication dated 11.09.2025 wherein an objection was filed that names of 11 Members were deleted in terms of Clause 6-Ga of bye laws since they have failed to deposit subscription for their Membership and remained absent without information. However, Court finds that Clause 6-Ga does not provide any reason for deletion of name, rather it provides how a new Member of General Body would become eligible to cast vote.

¶28So far as Clause 16-Gha of bye laws is concerned, it provides that in case any Member remained absent in three continuous meeting of General Body, he would be an ineligible for becoming a Member. However, even in such condition there must be a proposal adopted by 2/3 Members of General Body but there is no document to this effect.

¶29Therefore, the Court finds that Deputy Registrar while conducting inquiry about deletion of name of life Members and induction of new Members, in absence of relevant documents has not committed any illegality when such disputed list was found defective and since election was conducted on a defective list, therefore, the same cannot be legally sustainable and it was rightly set aside by impugned order.

¶30In view of above, I do not find any reason to interfere with impugned order. The second writ petition, i.e., Writ-C No. 13322 of 2026, is also accordingly dismissed. May 06, 2026 AK (Saurabh Shyam Shamshery,J.) High Court of Judicature at Allahabad