MOHD ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners have sought the quashing of the order dated 17th July, 2010 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad (hereinafter referred to as the "Assistant Registrar") by which he has, pursuant to the directions issued by this Court on 26th October, 2009 in Writ Petition No. 24673 of 2002, determined the electoral college of 19 persons and has directed for holding of the elections on 29th July, 2010.

(2.) In Writ Petition No. 24673 of2002, the following order dated 26th October, 2009 was passed:

(3.) The Assistant Registrar in the impugned order has noticed that petitioner No. 2-Abdul Hai had submitted a list of 40 members while respondent No. 4- Mohd. Mukhtar had submitted a list of 24 members. He found that in the list of 40 members submitted by Abdul Hai, 13 persons had died and regarding the remaining 27 members, only photostat copies of the receipts had been filed but original documents regarding enrollment had not been filed and nor any evidence had been submitted to show in which Bank the amount received through aforesaid photostat receipts was deposited. He also found from the documents submitted by respondent No. 4-Mohd. Mukhtar that out of these 40 members, the membership of 17 persons had been cancelled on 3rd April, 1998 because of non-deposit of the membership fee and that there was no dispute regarding four members. The Assistant Registrar also found that the membership of 8 members was not in accordance with the Scheme of Administration.