Research › Search › Judgment

Allahabad High Court · body

2011 DIGILAW 1636 (ALL)

Rajeshwari Prasad Singh v. Swami Sharan Singh and others

2011-07-08

PRADEEP KANT, RITU RAJ AWASTHI

body2011
Ritu Raj Awasthi, J.;- This special appeal by Sri Rajeshwari Prasad Singh challenges the interim order dated 9.6.2011 passed by the learned Single Judge, by means of which the order dated 26.5.2011 passed by the District Inspector of Schools, Sultanpur, appointing Principal, Government Inter College, Sultanpur as the election officer under Section 25(2) of the Societies Registration Act, 1860, has been stayed. 2. In fact, the respondent filed the writ petition mainly with the relief of quashing of the order dated 21.4.2011 by means of which the membership dispute was decided by the Deputy Registrar and the order dated 26.5.2011, in which the aforesaid delegation/appointment of election officer was made by the District Inspector of Schools but on objection being raised that in regard to the membership dispute and against the same order, a Writ Petition bearing no. 3179 (MS) of 2011 filed by the society itself is pending, a statement was given that the said relief is not being pressed in the said writ petition. 3. Sri Manish Kumar appearing for the respondents has reiterated and stated that so far the relief against the order dated 21.4.2011 is concerned, the same is not pressed and the appeal may be heard in respect of the order passed by the District Inspector of Schools. 4. That being so, we have proceeded to hear the appeal, with the consent of the parties' counsel. 5. The impugned order passed by the District Inspector of Schools says that the election held by the society have become time barred in view of the order dated 21.4.2011 passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad, who has issued a list of 57 members belonging to general body and, therefore, the Principal, Government Inter College, Sultanpur is hereby appointed as election officer under Section 25(2) of the Act for conducting the elections. 6. The District Inspector of Schools, who in fact, was appointed the election officer by the Deputy Registrar in exercise of his powers under Section 25(2) of the Act vide order dated 21.4.2011 appears to have misunderstood the order and instead of acting as election officer himself, he appointed another election officer i.e. the Principal, Government Inter College, Sultanpur. 7. Under Section 25(2) of the Act, it is the Deputy Registrar who can appoint the election officer. 7. Under Section 25(2) of the Act, it is the Deputy Registrar who can appoint the election officer. The District Inspector of Schools does not have any authority to appoint the election officer, that too by exercising the powers under Section 25(2). 8. That being the clear legal position, which the counsel for the appellant has not been able to dispute, we, on the suggestion of the counsel for the parties that the writ petition itself may be disposed of finally, quash the order aforesaid passed by the District Inspector of Schools dated 26.5.2011. 9. The special appeal is disposed of finally. 10. As a consequence of the quashing of the aforesaid order, the writ petition also stands allowed.