COMMITTEE OF MANAGEMENT, KISHAN LAL RAM KUMAR HIGHER SECONDARY SCHOOL AND ANR. Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) THE Committee of Management of Kishan Lal Ram Kumar Higher Secondary, School, Bareilly and Someshwar Dayal Sharma claiming himself to be its Manager have filed this petition for quashing the order dated 28th February, 2009 passed by the Assistant Registrar, Firms, Societies and Chits, Bareilly (hereinafter referred to as the 'Assistant Registrar') under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') and the proceedings initiated thereunder. The petitioners have also sought the quashing of the order dated 8th March, 2010 by which the Assistant Registrar has finalised the list of members of the General Body for holding the elections of the Committee of Management of the Society and has also issued the election programme.

(2.) THE petitioners had earlier also filed Writ Petition No. 24748 of 2009 for setting aside the order dated 28th February, 2009 passed by the Assistant Registrar. This petition was dismissed by the judgment and order dated 12th May, 2009 and the relevant portion of the order is:

(3.) SRI P.N. Saxena, learned Senior Counsel appearing for the petitioners submitted that since the election of the petitioner -Committee of Management had been held on 7th June, 2006, proceedings under Section 25(2) of the Act could not have been initiated even if the said election was held beyond the period prescribed under the Bye -Laws of the Society. According to him, elections under Section 25(2) of the Act can be held only in a case where the term of the Committee of Management has expired and fresh elections have not been held. It is his submission that despite the dismissal of Writ Petition No. 24748 of 2009 by the judgment and order dated 12th May, 2009, the Court can still examine whether the proceedings could have been validly initiated by the Assistant Registrar under Section 25(2) of the Act. Learned Senior Counsel has also raised submissions that the list of the members of the General Body finalised by the Assistant Registrar on 8th March, 2010 is not correct.