JAMIA RAZVIYA MERAJUL ULOOM Vs. STATE OF UP

JUDGEMENT

(1.) Jamia Razviya Merajul Uloom, Chilmapur, district Gorakhpur (hereinafter referred to as the 'Society') and Mohd. Fakhruddin Khan, claiming to be its Secretary/Manager, have filed this petition for setting aside the order dated 27th March, 2010 passed by the Assistant Registrar, Firms, Societies & Chits, Gorakhpur (hereinafter referred to as the 'Assistant Registrar1) by which he has not approved of the papers submitted by the petitioner Mohd. Fakhruddin and respondent No. 4-Karimullah Khan regarding constitution of the Committee of Management of the Society and has directed that elections of the Committee of Management of the Society should be held under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') from the list of 45 members of the General Body of the Society after excluding "Mohd. Fakhruddin Khan shown at Serial No. 17 and has nominated the District Minority Welfare Officer, Gorakhpur as the election officer for holding the elections.

(2.) Jamia Razviya Merajul Uloom, Chilmapur, district Gorakhpur is a Society registered under the provisions of the Act. The registration of the Society was last renewed on 15th November, 2006 for a period of five years w.e.f. 8th August, 2006. The Society has its own Bye-laws and term of the officer bearers of the Committee of Management of the Society is mentioned as five years. It transpires that in the last election of the Committee of Management of the Society Farzand Ali (father of Mohd. Fakhruddin Khan) was elected as the Secretary/Manager but on 20th May, 2007 Farzand Ali resigned and Zafar Ahmad Khan was elected as the Secretary/Manager who also resigned on 7th March, 2008 and thereafter petitioner No. 2 Mohd. Fakhruddin Khan was elected as the Secretary/Manager on 9th March, 2008 and papers were sent to the Assistant Registrar for registering the list of office bearers and members of the Committee of Management of the Society.

(3.) It is the case of the petitioners that on 14th August, 2009 the Committee of Management of the Society passed a resolution removing Karimullah Khan, Kabir Ahmad and Farzand Ali as members of the General Body of the Society and the said resolution was approved by the Assistant Registrar on 22nd September, 2009.