DINESH KUMAR Vs. REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) THOUGH this petition had come up before this Court first on 20 th October, 2010 and has been adjourned from time to time but only for consideration for admission. On the last two dates the petition is being adjourned for the petitioner to file an affidavit explaining the laches in filing this petition. The counsel for the petitioner today states that an affidavit has been filed in this regard. Not finding the same on record, another copy thereof has been handed over by the counsel for the petitioner and taken on record. The counsels have been heard.

(2.) THE two petitioners claim to be members of the respondent no.2 All India SC/ST Railway Employees Association, a Society registered under the Societies Registration Act, 1860. THEy have filed this petition impugning the amendments carried out in the year 2004 to the Memorandum of Association of respondent no.2 Society averring that such amendments were carried out without following the requisite procedure. Mandamus is sought against the respondent No.1 Registrar of Societies to decide the representation of the petitioner impugning the said amendments.

(3.) THE counsel for the petitioner has also not been able to show any duty or obligation under the law upon the Registrar of Societies to take any action and which it may be failing to perform or take. Without the petitioners showing that there is any denial to perform the obligation or duty required to be performed in law, no mandamus can be claimed.