C/M Gyan Bharti Shiksha Sadan And ... vs State Of U.P. Thru Secy. And Others on 21 April, 2014
In the case of Shri Babu Ram Shiksha Prasar Samiti (Reg. Society), Dist. Etah & another v. Deputy Registrar Firms, Societies and Chits, Regional Office, Agra and others, 2007 (9) ADJ 262, this Court went elaborately into all implication of the power and jurisdiction of the Registrar while exercising his power under the proviso to Section 4(1) and Section 25 (1) of the Societies Registration Act. The Court held that the Registrar has jurisdiction to decide whether a member is valid or not, and if an annual list of Managing body is submitted to the Registrar and he finds that two parallel Committees have submitted the list of the office-bearers which require to decide the dispute of the office-bearers, he may, in his discretion, refer the dispute to the Prescribed Authority if he is satisfied that bona fide and genuine dispute has arisen in respect of the election or continuance of the office-bearer, and if he finds that the dispute raised before him totally lacks bona fides and is a fake dispute, then he can exercise the authority vested in him under Section 4 of the Societies Registration Act. This action of the Registrar can always be tested on the parameters of the judicial review. The Court further held that the aggrieved persons are not remediless as they can always assail the validity of such list, after mustering support in terms of the statutory requirement under Section 25(1) before the Prescribed Authority.