SURANDEA SINGH AND OTHERS Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY, FINANCE, U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) THIS appeal arises out of a judgment of the learned Single Judge in relation to a dispute of a society registered under the Societies Registration Act known as 'Gramopyogi Shiksha Pracharini Samiti, Bakarganj, Goraju, Kaushambi. The challenge in the writ petition was to the order dated 20th March, 2010 passed by the Assistant Registrar, Firms, Societies and Chits Allahabad who proceeded to register the list of office bearers and the members of the committee of management under section 4 (1) of the Societies Registration Act, 1860 submitted by the contesting respondents No. 4 and 5. The said list of office bearers are alleged to have been elected in the elections held on 14.9.2008.

(2.) THE undisputed position is that the elections were previously held in the year 2001 and since the term of the said elections expired, a meeting is stated to have been convened on 10th April, 2004 for holding of fresh elections on 6th June, 2004. One Mr. Durga Prasad Singh was appointed as the Election Officer. The contesting respondents allege that 76 members had been newly en­rolled. This position was resisted by the appellants and Durga Prasad Singh the Election Officer passed an order on 6.6.2004 staying the elections till the dispute of the aforesaid 76 members was decided. Consequently no elections were held and the matter remained pending.

(3.) THE appellants contend that the said 328 members are the valid mem­bers with whom the elections have to be held and the 76 members stated to have been allegedly inducted were not entitled to participate in the elections. It is submitted on behalf of the appellants that since the electoral college is the same therefore the elections of the parent society which is presently in dispute has to be held on the basis of the same electoral college. The appel­lants allege that the term of the committee of management elected in 2001 had expired long back and no fresh elections had been held therefore in such a situ­ation the Assistant Registrar was empowered to hold elections under sub-sec­tion 2 of section 25 of the Societies Registration Act, 1860. In view of the said provision the outgoing President of the society Smt. Urmila Devi made a re­quest on 8th February, 2008 to the Assistant Registrar, Firms, Societies and Chits Allahabad to get fresh elections held.