Allahabad High Court
C/M. Anjuman Madarsa Arabia Khairul ... vs State Of U.P. & Ors. on 7 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 38216 of 2010 Petitioner :- C/M. Anjuman Madarsa Arabia Khairul Madaris Respondent :- State Of U.P. & Ors. Petitioner Counsel :- O.N. Mishra,S.P. Pandey Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 26th May, 2010 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh (hereinafter referred to as the 'Assistant Registrar') and the consequential order dated 29th May, 2010 passed by the District Minority Welfare Officer, Mau.
It is stated in the petition that the elections of the Committee of Management of the Society were held on 7th March, 2010. Subsequently, the papers were sent to the Assistant Registrar for registration of the list of members and office bearers of the Committee of Management of the Society as also to the District Minority Welfare Officer, Mau for attestation of the signatures of petitioner no.2 as Manager. The District Minority Welfare Officer by the order dated 22nd May, 2010 attested the signatures of petitioner no.2 as the Manager.
However, respondent no.4-Zameer Ahmad filed objections before the Assistant Registrar on the basis of which the Assistant Registrar passed the order on 26th May, 2010 directing the District Minority Welfare Officer not to attest the signatures of petitioner no.2 and in case they have been attested, to cancel the order. It is on the basis of the said order passed by the Assistant Registrar that the District Minority Welfare Officer has passed the order dated 29th May, 2010 cancelling his earlier order dated 22nd May, 2010.
Sri S.P. Pandey, learned counsel appearing for the petitioner submitted that the Assistant Registrar does not have the jurisdiction to pass any interim order and, therefore, the said order deserves to be set aside.
Learned Standing Counsel appears for respondent nos.1, 2 and 3 while Sri M.A. Haseen appears for respondent no.4. They state that it is not necessary to file a counter affidavit and the petition may be decided at this stage. Sri M.A. Haseen, learned counsel appearing for respondent no.4 has further pointed out that the order dated 22nd May, 2010 filed by the petitioners is not a correct copy since in the actual order, the date of election is mentioned as 28th February, 2010 and not 7th March, 2010. He further pointed out that since the Assistant Registrar is ceased of the matter, no interference is called for at this stage. He has also placed before the Court the order dated 24th May, 2010 passed by this Court in Writ Petition No.30168 of 2010 by which the writ petition was disposed of with a direction to the Assistant Registrar to take into consideration the objections filed by the petitioners before he passes any order on the papers submitted by the present petitioners before the Assistant Registrar.
I have carefully considered the submissions advances by the learned counsel for the parties.
Learned Standing Counsel and Sri M.A. Haseen, learned counsel for the respondents have not been able to substantiate how the Assistant Registrar could pass an interim order in a matter pertaining to registration of the list of office bearers of the Committee of Management of the Society. There is also no provision in the Act which authorise the Assistant Registrar to pass an interim order in such a situation.
In view of the aforesaid, it is not possible to sustain the the order dated 26th May, 2010 passed by the Assistant Registrar. It is, accordingly, set aside. The consequential order dated 29th May, 2010 passed by the District Minority Welfare Officer, Mau is also set aside. Further, in view of the facts and circumstances of the case, the Assistant Registrar shall proceed to decide the matter expeditiously, preferably within a period of six weeks from the date a certified copy of this order is filed by either of the parties before the Assistant Registrar.
The writ petition is allowed to the extent indicated above.
Order Date :- 7.7.2010 GS