A Glimpse On the Fuctioning of Hon'ble Allahabad High Court

A glimpse on the functioning of Hon’ble Allahabad High Court -Request for conducting enquiry in the matter - extracts of Counter affidavit
Civil Misc. Writ Petition No 36236 of 2008 (District- Auraiya)Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, through its Manager/Secretary Sri Ashok Kumar Saxena and another Petitioners Versus State of U.P. and others –Respondents -A COUNTER AFFIDAVIT of Shailendra Gupta aged about 26 years son of Sri Prem Chandra Gupta, resident of village – Khanpur Phaphund, Post- Bhagya Nagar, District Auraiya, Manager, , Kisan Educational Society, Bhagya Nagar, District Auraiya. On behalf of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, through its Manager Shailendra Gupta(Applicant / Respondent No. 4) was filed stating therein that the dispute was pertaining to the recognition of the office bearer of society remained between one Ashok Yadav and Shailendra Gupta, but the wit petition is filed by Ashok Saxena. The prescribed authority recorded the finding regarding manipulation and fabrication of the very election proceedings on the basis of C/M managed by Ashok Yadav has set up the case. It was found that impersonation of another identity of Ashok Yadav, President Of Samajwadi Party in District Auraiya, how Ashok Saxena can manipulate the entire election proceedings, but Hon’ble Mr. Justice Dileep Gupta, Inspite hearing the matter for consecutive days for atleast more than 2 hours on the question that as Fraud and Justice do not dwell together, and order obtained by Committing a Fraud is a Nullity, allowed the writ petition without even mentioning the reference of Counter affidavit, nor any word about filing of an Application of U/S 193 I.P.C. read With Application U/S 340 Cr. P.C. and application U/Article 215 of Constitution of India. since the writ petition was based upon falsehood and an attempt to mislead this Hon’ble court by making the inconsistent stand, and a false representation is made by fabricated and forged documents as annexure No. 1 and 4 , which were never filed before the prescribed authority and the stand taken in the contends of these document is self exposed falsehood and as such an application has been given to take the action against petitioner for committing the offence of Perjury as well as abuse of the process tantamounting to the offence of criminal Contempt. That sacrosanct functioning of this Hon’ble Court required to be maintained upon accuracy in factual averments, but not deception. The rigorous sensation created by falsehood to defeat the truth may lead to fraud and than the protocol requires to cross check, as this Hon’ble Court may be prevented from being deceived and as such the present counter affidavit is filed to reply the contends of Writ Petition at the initial stage of arguments. That firstly a device was adopted before the prescribed authority by committing the interpolation of the name of Ashok Yadav by cutting “Yadav” and Inducting “Saxena” in its place, while the proposal was made for the name of Ashok Yadav By Ashok Saxena himself in the alleged election proceedings dated 23.5.2006 introduced by rival party of Ashok Yadav. The order impugned is passed between Ashok Yadav Versus Ashok Saxena, While Writ is Filed by Ashok Saxena by misrepresenting Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya. That in reply to the contents of paragraph 1 and 2 is concerned that Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 Election set up by Ashok Yadav Than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006) , which has been concocted and fabricated and is being first time before this Hon’ble Court, and in Annexure No. 4 ( undated) , Which were not even filed at any time before prescribed Authority. That in reply to the contents of paragraph 1 and 2, the deponent further submit that introducing forged documents filed as Annexure No. 1( dated 27.8.2006), Which was not filed any time before prescribed Authority. Now It has been introduced in the writ petition filed by the petitioners, who are neither the recognized outgoing Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. That in this manner, Ashok Kumar Saxena is now misrepresenting himself to be inducted as Secretary/ Manager of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, While Ashok Yadav remained representing himself to be the Secretary/ Manager of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya before the prescribed Authority/ Sub Divisional Magistrate, Auraiya through out in the referring order made by Deputy Registrar, Firms, Societies evam Chits, Kanpur Region, Kanpur dated 27.7.2006 and from the office of Prescribed Authority/ Sub Divisional Magistrate, Auraiya, District Auraiya dated 24.8.2007 till passing of Impugned order passed in case No. 1 of 2006 Ashok Yadav Versus Shailendra Gupta decided by prescribed Authority on 18.6.2008 U/s 25 (1) of the society Registration Act. The present writ petition is not maintainable. That even otherwise Ashok Yadav cannot become Secretary of the society, nor the manager of the institution run before continuing for the 5 years membership of the society in accordance with bye-laws of the society as according to Page-3 of the Bye-laws, no person without completing 5 years membership could be elected as manager of the committee of management. That Ashok Yadav is now confined in Jail on account of his involvement in criminal cases pending in the Court of Fast Track Court/A.D.J. Auraiya having S.T. No. 194/2007 P.S. Dibiyapur U/S 307 I.P.C., In the Court of C.J.M. Auraiya case No. 619/ 2008 Case Crime No. 51/2008 U./S. 3 (10) U. P. Gunda Act, and a case crime No. 28/2008 U/S/307 I. P.C. and many other cases pending in different stage and lying in different Police Station and Courts. Thus there is no right to file present Writ petition before this Hon’ble Court for challenging the order of prescribed authority dated 18.6.2008 before this Hon’ble Court. That in reply to the contents of paragraph3, the deponent further submit that petitioner No. 2, Raj Narain Saxena, alleging himself as President, Kisan Educational Society, Bhagya Nagar, District Auraiya is not the recognized Out Going President of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. He is now filing writ petition in individual/personal capacity by misrepresenting himself as president, but he was neither recognized President in out going Election conducted in 2003, nor he had the right to conduct such election as are being alleged on 23.5.2006. That in the same place , it has been introduced first time that it was not Ashok Yadav, who was elected manager of the committee of management, but it was Ashok Kumar Saxena.. Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003, was duly recognized by the Regional Level Committee, in which the claim set up by Ved Prakash Gupta as that of Manager on the basis of his alleged election proceedings dated 13.5.2003 under the Presidentship of Raj Narain Saxena was denounced by the Joint Director of Education The District Inspector of Schools also attested the signatures of Ram Sewak Gupta as the Manager on 15-9-2003 and communication of said attestation of signature was made by another letter issued on 16-9-2003 from the office of District Inspector of Schools. That in reply to the contents of paragraph3, the deponent further submit that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. That in reply to the contents of paragraph3, the deponent further submit that the said election of committee of management Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003, was duly recognized by the Regional Level Committee, in which the claim set up by Ved Prakash Gupta as that of Manager on the basis of his alleged election proceedings dated 13.5.2003 under the Presidentship of Raj Narain Saxena was denounced by the Joint Director of Education That Ved Prakash Gupta and one Raj Narain Saxena falsely alleging them to be Manager and President filed writ petition no. 44489 of 2003, in which the effect and operation of order dated 11.9.2003 passed by Joint Director of Education was stayed on 29.9.2003. That in furtherance of the said order on 30-10-2003 the institution was placed on single operation in compliance of interim order dated 29-9-2003, but the other functioning of management still remained in supervision of duly elected manager Ram Sewak Gupta and the meetings were conducted by the duly elected President Sri Ram Prakash Rajpoot. Ved Prakash Gupta and Raj Narain Saxena, who have filed the writ petition no. 44489 of 2003 sought for dismissal of writ petition in pursuance of an application no. 117978 of 2005. The writ petition no. 44489 of 2003 was dismissed as not presses vide order dated 26.5.2005. The disposal of said writ petition no. 44489 of 2003 was done along with writ petition no. 41453 of 2006 on 10.8.2006. That Ram Sewak Gupta on account of his old age had given up the responsibility on the post of Manager to the Deputy/Assistant Manager Shailendra Gupta and in furtherance of the said resolution since the Ram Sewak Gupta had shown his incapability to discharge his duties as Manager of institution, the Deponent, Shailendra Gupta was handed over the said responsibility. That the Regional Level Committee also recognized the Deponent as the Manager in the meeting dated 17-4-2006 and the information to this effect was duly communicated on 18-4-2006 from the office of Joint Director of Education. That the Agenda of fresh election was also issued simultaneously on 17.4.2006 under the presidentship of Sri Ram Prakash Rajpoot and thereafter Sri Ram Prakash Rajpoot conducted the election of committee of management on 14.5.2006, in which the deponent was elected as the Manager of committee of management of institution. That the fabricated election proceeding being manufactured in the alleged election alleged to have been conducted on 23-5-2006, there have been 150 members of society shown participating in the said election, in which the name of 70 persons are such who never remained as the member, nor they deposited any amount of membership fees in the Account of Central Bank bearing S.B. Account no. 4858 belonging to the institution. That the list submitted dispute referred to the Prescribed Authority/Sub Divisional Magistrate, District Auraiya has taken note of the facts that there is total membership of 146 members as there remained 80 members which are common in the list submitted by Ram Sewak Gupta as Manager on 28.2.2006, while for enrolling 66 members the amount of Rs. 66066/- was deposited by the Manager in accordance with clause 14 (3) of Scheme of Administration. That the said amount is already demonstrated to have been deposited in the Account of institution, but the order was passed without waiting for the decision of the alleged membership of Ashok Yadav as the primary membership of the Society. Thus the matter pertaining to the reference made to Prescribed Authority u/s 25 (1) of Societies Registration Act has been decided on 18.6.2008 against the rival set up of claim of Raj Narain Saxena and Ashok Yadav. That by the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kishan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P, it was directed to Ashok Yadav that he will deposit Rs. 20,000/-, Which he had illegally withdrawn from the account of the institution. The Special Appeal No. 1241 of 2006 filed by Ashok Yadav on 4.10.2006 Challenging the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kishan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P filed by Ashok Yadav was also dismissed. That in Special Appeal No. 1241 of 2006 filed by Ashok Yadav on 4.10.2006 Challenging the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kisan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P. filed by Ashok Yadav on 4.10.2006 denouncing the claim set up by Ashok Saxena regarding alleged resignation of Ashok Yadav to mislead. That in reply to the contends of paragraph 4 of the writ petition, It is submitted that 12 members are elected from amongst the members of general body, while three members are elected as PADEYAN Members. These three padeyan members are elected every year, It is submitted that apart from these 12 members, , Sri Vikram Singh Rajpoot, Sri Chotey Lal Kushwah and Sri Krishan Rajppot were elected as Padeyan Members by the general Body in the election dated 14.5.2006. It is submitted that Ashok Yadav and Raj Narain Saxena in their alleged election dated 23. 5. 2006 shown to have elected 12 office bearers but made further manipulation by introducing the names of three members in such concocted claim of having being conducting any such election for which they were not entitled for. Thus the Contends of para 4 are false and thus emphatically denied. That in reply to the contends of paragraph 5, 6, and 7 of the writ petition, It is submitted that That it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager in paragraph 3 of writ petition. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. There was no right conferred upon Raj Narain Saxena or Ved prakash Gupta to conduct any such election as said to have been conducted and further manipulated on 23. 5.2006. firstly a device was adopted before the prescribed authority by committing the interpolation of the name of Ashok Yadav by cutting “Yadav” and Inducting “Saxena” in its place, while the proposal was made for the name of Ashok Yadav By Ashok Saxena himself in the alleged election proceedings dated 23.5.2006 introduced by rival party of Ashok Yadav. The order impugned is passed between Ashok Yadav Versus Ashok Saxena, While Writ is Filed by Ashok Saxena by misrepresenting Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya. Ashok Yadav, than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006) , which has been concocted and fabricated and is being first time before this Hon’ble Court, Thus the contends of Para 5 and 6 are emphatically denied. That in reply to the contends of paragraph 8 of the writ petition, It is submitted that that. Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 Election set up by Ashok Yadav,than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court ,the misrepresentation concocted and fabricated and is being first time before this Hon’ble Court, and in Annexure No. 4 ( undated) , Which was not even filed at any time before prescribed Authority. It is submitted that 12 members are elected from amongst the members of general body, while three members are elected as PADEYAN Members. These three padeyan members are elected every year, It is submitted that apart from these 12 members, Sri Vikram Singh Rajpoot, Sri Chotey Lal Kushwah and Sri Krishan Rajppot were elected as Padeyan Members by the general Body in the election dated 14.5.2006. That in reply to the contends of paragraph 9, 10 and 11 of the writ petition, It is submitted that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. The order passed by prescribed authority is based upon the every issue raised by the party referred to the prescribed authority The election of Deponent’s Committee conducted has been conducted on 14.5.2006 validly conducted, as the deponent’s was elected secretary/ Manager of Committee, Kisan Educational Society, Bhagya Nagar, District Auraiya, which was only empowered to conduct such election. Thus the Contends of paragraph9, 10 and 11 of Writ petition are denied as false and baseless. That in reply to the contends of paragraph 12 of the writ petition, It is submitted that Raj Narain Saxena, alleging himself as President, Kisan Educational Society, Bhagya Nagar, District Auraiya is not the recognized Out Going President of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. It is submitted that prescribed authority has no where recognize the Committee of Ashok Yadav or Raj Narain Saxena as Outgoing recognized Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, Thus the Contends of paragraph 12 of Writ petition are false and baseless. That in reply to the contends of paragraph 13 of the writ petition, It is submitted that , Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 of Election set up by Ashok Yadav, than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006). Thus the Contends of paragraph 12 of Writ petition are denied as false and baseless. That in reply to the contends of paragraph 14, 15 and 16 of the writ petition, It is submitted that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. The order passed by prescribed authority is based upon the every issue raised by the party referred to the prescribed authority. The election of Deponent’s Committee validly conducted on 14.5.2006 as the deponent’s was Committee, Kisan Educational Society, Bhagya Nagar, District Auraiya was only empowered to conduct such election. That the name of Girish Chandra Saxena has been shown twice at serial No. 49 and serial no. 89 in the said list of members of society. The name of Meera Yadav has also been manipulated twice at Serial no. 99 and 106 twice in the said election. The true copy of the extract of such cutting in the tempered manner on the fabricated proceeding of alleged election proceeding dated 23.5.2006 said to have been conducted. That the individual Sri Pramod Nigam, who has been alleged to participate in the said proceedings, has submitted his affidavit denouncing the existence of any such election on 23.5,2006. Thus Raj Narain Saxena and Ashok Yadav have further manipulated in the alleged proceedings even to denounce the existence of the claim set up by Ashok Yadav. Thus the contends of paragraph 14, 15 and 16 of the writ petition are denied as false and baseless. That in reply to the contends of paragraph 17 and 18 of the writ petition, It is submitted that there was neither any power vested with Raj Narain Saxena as the out going president or ved prakash gupta as out going manager to conduct such election. Even if it is found that the stay was granted to the decision of regional level joint director of education dated 11.9.2003 committee constituted in furtherance of govt. order dated 19.12.2000 against Sri Ram Prakash Rajpoot duly recognized committee in writ petition no. 44489 of 2003, the disposal of said writ petition no. 44489 of 2003 was done along with writ petition no. 41453 of 2006 on 10.8.2006. The effect of Stay order does not wiped out the existence of order. M/S shree chamundi Moped AIR 1992 S.C. 1439. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. Thus the Contends of paragraph 17 and 18 of Writ petition are denied as false and baseless. That the writ petition filed by committing all such fraud may be dismissed with exemplary cost, as justice may not be circumvented , prejudiced and nullified by reprehensible conduct of petitioner.
Whether Advocates, representing their clients are not accountable for committing dereliction in due discharge of their duties, Why not the Hon’ble Judge may become accountable for circumventing the rights of the counsel appearing before them?