BHUPENDRA TYAGI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Shailendra, learned Counsel for the Petitioners, Sri G.K. Singh, learned Counsel for Respondent Nos. 3 and 4 and learned standing counsel for Respondent Nos. 1 and 2.

(2.) Learned Counsel for the parties agree that the present writ petition may be disposed of without calling for further affidavits specifically in view of the order proposed to be passed today.

(3.) Petitioners before this Court, who are 36 in number, claim to be the life members of the society known as "A.S. Degree College Society, Mawana, district Meerut. The said society is duly registered under the Societies Registration Act, 1860. Elections for constituting the Office Bearers/Committee of Management of the said society, which in turn becomes competent to manage the institution run and managed by the said society, are stated to have been held on 15th November, 2009 by the outgoing Committee of Management. The papers in respect of elections so held were transmitted to the Deputy Registrar, Firms, Societies and Chits, Meerut for the list of elected office bearers being registered under Section 4 of the Societies Registration Act, 1860, as amended in the State of Uttar Pradesh. At that stage, objections were filed by the present Petitioners, some of whom were outgoing office bearers of the society. The Deputy Registrar under the order dated 31st July, 2010 has held that objections raised had no force and has therefore, proceeded to uphold the legality of the elections held and has further recorded that in the facts of the present case, it is not necessary to refer the dispute under Section 25 (1) of the Societies Registration Act, 1860 to the Prescribed Authority. Accordingly, the list of office bearers has been registered under Section 4(1) of the Societies Registration Act, 1860. It is against this order that the present writ petition has been filed.