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Showing contexts for: function of functionary in Sri Babu Ram Shiksha Prasar Samit ... vs Deputy Registrar, Firm, Societies And ... on 14 September, 2007Matching Fragments
15. Under bye-laws of the society, right to issue receipt has been vested with the Manager. Admittedly Sonpal Singh, who was Manager, at no point of time has given any receipt in favour of the petitioner No. 2 during his life time. Receipt has been issued by Smt. Kamlesh Yadav, and this is not at all case of petitioner that at any point of time Sonpal Singh ever authorized Smt. Kamlesh yadav to issue any receipt whatsoever. In the representation dated 8.5.2006 categorical stand of the petitioner is that as per bye laws of the society, no particular, office bearer has been authorized in reference of enrollment of member as such petitioner No. 2 has taken receipt from Smt. Kamlesh Yadav. In this background precise case of the petitioner has been that there is no provision of membership being taken qua any, particular office bearer and as per her each and every office bearer and member was entitled to accept the membership. Such plea of petitioner is totally negated from the provisions of the by-laws of the society, as function of each and every functionary has been clearly defined and it is Manager alone entitled to collect money and issue receipt. Petitioner No. 2 has not given any convincing reason as to why receipt was not issued under the signature of Manager at that relevant point of time. Serious dispute is also there, in respect of authority of Smt. Kamelesh Yadav as Assistant Manger. Coupled with this, from the own documents of the petitioner No. 2, it is amply demonstrated before this Court that her claim is totally fictitious and is in utter contravention of the provision of bye laws of the society. As per the petitioner, she; has deposited Rs. 101/- as membership fee. As per bye -laws of the society, Class of member has been described and prescribed fee qua each category of member has also been prescribed as follows: