Allahabad High Court
C/M, Keshav Nath Jr. High School & Anr. vs Asst. Registrar, Firms Societies & ... on 12 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 1217 of 2010 Petitioner :- C/M, Keshav Nath Jr. High School & Anr. Respondent :- Asst. Registrar, Firms Societies & Chits & Ors. Petitioner Counsel :- Indra Raj Singh Respondent Counsel :- C.S.C.,Rajesh Kr. Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 26th December, 2009 passed by the Assistant Registrar, Firms Societies & Chits, Varanasi Region Varanasi, by which he has referred the dispute to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act').
It is not in dispute that in respect of the annual list submitted by the petitioners for the year 2008-09, the petitioner-Committee of Management was registered. The dispute is with regard to the annual list submitted for the year 2009-10. The Committee of Management with Jagdish Singh as the Manager submitted the list before the Assistant Registrar. The petitioner-Committee of Management also submitted a list for the year 2009-10. The Assistant Registrar, after noticing that Shiv Prasad Singh had not filed any objections, referred the matter to the Prescribed Authority under Section 25(1) of the Act.
It is the contention of Sri Indra Raj Singh, learned counsel for the petitioners that in fact the petitioners had filed objections before the Assistant Registrar regarding the list submitted by Jagdish Singh in response to the letter dated 7th August, 2009 stating that Jagdish Singh was not even a member of the General Body of the Society and, therefore, the list submitted by him could not be registered. He, therefore, submits that in view of the Division Bench judgment of this Court in Committee of Management, Kisan Shiksha Sadan, Banksahi, District Basti & Anr. Vs. Assistant Registrar, Firms Societies and Chits, Gorakhpur Region, Gorakhpur & Anr. (1995) 2 UPLBEC 1242 the Assistant Registrar had to first satisfy himself whether the objection raised by the petitioners about the membership of Jagdish Singh was correct or not since if he came to the conclusion that he was not a member of the General Body of the Society, he could have referred the dispute to the Prescribed Authority. Learned Standing Counsel and Sri Rajesh Kumar Singh, learned counsel appearing for the respondents state that the petition may be disposed of at this stage without calling for any counter affidavit.
Sri Rajesh Kumar Singh, submits that in the list submitted by the petitioners before the Assistant Registrar for the year 2008-09 his name is mentioned in the list of members of the General Body of the Society and that he has been managing the affairs of the Society since 1976 to 1980 and from 1980 to 1983 and, therefore, it cannot be said that he is not a member of the General Body of the Society.
This fact is disputed by Sri Indra Raj Singh learned counsel appearing for the petitioners. He submits that Jagdish Singh mentioned in the list submitted by him before the Assistant Registrar for the year 2009-10 is a different person.
These are all disputed questions of fact which can best be addressed by the Assistant Registrar. However, as the Assistant Registrar has mentioned in the impugned order that the petitioners have not filed any objection which fact prima facie, does not appear to be correct in view of the objections filed by the petitioners which have been annexed as Annexure-8 to the writ petition, it is desirable that the matter may be referred back to the Assistant Registrar for passing a fresh order in accordance with law. The Assistant Registrar shall, while deciding the matter, also consider whether the objections had been filed by the petitioners. The order shall be passed by the Assistant Registrar after hearing the parties concerned expeditiously, preferably within a period of one month from the date a certified copy of this order is filed by either of the parties before the Assistant Registrar.
The order dated 26th December, 2009 passed by the Assistant Registrar, Firms Societies & Chits, Varanasi Region Varanasi is, accordingly, set aside.
The writ petition is allowed to the extent indicated above.
Order Date :- 12.1.2010 NSC