LAWS(ALL)-2010-7-131

GRAM SHIKSHA SUDHAR SAMITI JUNIOR HIGH SCHOOL SIKANDRA Vs. REGISTRAR FIRMS SOCIETIES AND CHITS UP LUCKNOW

Decided On July 13, 2010
GRAM SHIKSHA SUDHAR SAMITI, JUNIOR HIGH SCHOOL, SIKANDRA, DISTRICT KANPUR DEHAT Appellant
V/S
REGISTRAR, FIRMS, SOCIETIES AND CHITS, U.P. LUCKNOW Respondents

JUDGEMENT

(1.) The appellants herein had approached the Registrar under section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the Act) for taking on record the names of the office bearers of me Society. According to the appellants, they were duly elected office bearers pursuant to the elections, which were held. The Act has been amended, whereby a proviso has been inserted pursuant to U.P. Act No. 11 of 1984, which came into effect from 30.4.1984. The said proviso reads as under:--

(2.) On an application made by the appellants, the Registrar considering the proviso to section 4 of the Act issued notice, amongst others, to present respondent No. 3, who filed an objection on various grounds disputing the claim made by the appellants herein that they were duly elected office bearers. The Registrar enquired into the claim and held that the list submitted by the appellants could not be accepted, as he found that the elections were fake. The Registrar also recorded a finding that respondent No. 3 was the duly elected President of the Committee.

(3.) Being aggrieved by this order, the writ petition was preferred before the learned Single Judge who, by order dated 5th of July, 2010 refused to exercise his extra-ordinary jurisdiction on the ground that the appellants had an alternative remedy under section 25(1) of the Act and consequently, dismissed the writ petition. The present appeal is directed against the said order.