Committee of Management, Pt. Durga Prasad Badri Prasad Uchchatar Madhyamik and Another v. State of U. P. and Others
2011-06-03
ARUN TANDON, JAYASHREE TIWARI
body2011
DigiLaw.ai
By The Court—This Special Appeal (under Chapter VIII Rule 5 of the High Court Rules) is directed against an order of the learned Single Judge dated 27.05.2011 passed in Writ Petition No.31591 of 2011. 2. It is admitted to the parties that the dispute with regards to the elections of the office bearer of the registered society are engaging attention of the Prescribed Authority under Section 25(1) of the Societies Registration Act. Even before the legality of the election could be adjudicated in the pending dispute the Assistant Registrar by means of an order dated 10.02.2010 registered the list of office bearers set up by the contesting-respondent No.5. Not being satisfied with the order so passed the petitioner/appellant filed Writ Petition No.31591 of 2011. 3. The learned Single Judge even after noticing the pendency of the proceedings under Section 25(1) of the Act in respect of the said disputed elections refused to interfere with the order of the Assistant Registrar on the ground that the Assistant Registrar was expected to decide the objections filed by the parties which he has done so under the order impugned and, therefore, the Court will not exercise its power. 4. Counsel for the petitioners/appellants contends that there is a bonafide dispute in respect of the office bearer of the registered society. Such dispute can be adjudicated by the Prescribed Authority under Section 25(1) of the Registration of Societies Act only. The Assistant Registrar in that circumstance looses his right to enter into any issue pertaining to the validity of the office bearer of the registered society. Reference is made to the decision of a Division Bench of this Court in the case of Gram Siksha Sudhar Samiti Junior High School, District Kanpur Dehat and others v. Registrar, Firms Societies & Chits. 5. Sri Virendra Singh, learned counsel for the contesting-respondent No.5 submits before this Court that the present Special Appeal may be disposed of at this stage itself without calling for any further affidavits with a direction to the Prescribed Authority to conclude the proceedings which are pending before it under Section 25(1) of the Act. 6.
5. Sri Virendra Singh, learned counsel for the contesting-respondent No.5 submits before this Court that the present Special Appeal may be disposed of at this stage itself without calling for any further affidavits with a direction to the Prescribed Authority to conclude the proceedings which are pending before it under Section 25(1) of the Act. 6. In view of the facts noticed above and the law laid down and explained by a Division Bench of this Court in the case of Gram Siksha Sudhar Samiti Junior High School (Supra) we are of the considered opinion that the Assistant Registrar could not have preempted the issue pertaining to the legality of the elections. He should have awaited the outcome of the proceedings before the Prescribed Authority under Section 25(1) of the Act. 7. Consequently, the present Special Appeal is allowed. The order of the learned Single Judge is set aside. The order of the Assistant Registrar dated 10.02.2010 is hereby quashed. The Prescribed Authority is directed to conclude the proceedings pending before it in respect of the office bearer of the society, preferably eight weeks from the date a certified copy of this order is filed before him. 8. It is made clear that no unnecessary adjournments shall be granted to any of the parties. (Appeal allowed) _____________