COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed on behalf of the Committee of Management, Ghorath Shankarpur, Kisan Uchchatar Madhyamik, Vidyalaya, Ghorath, Post Kubernath, district Kushinagar, which is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as 'the 1860 Act') running an institution of the level of a Junior High School, which is recognized under the U. P. Basic Education Act, 1972 for the purpose of disbursement of salary and administration of the institution. The signatures of the Manager are attested by the District Basic Education Officer.

(2.) The Petitioners have prayed for quashing of the order dated 28.12.2010, passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur whereby all claims pertaining to the elections and registration of list of office-bearers have been rejected and it has been held that since the tenure of the Committee of Management has already expired, therefore, in view of the provisions of Sub-section (2) of Section 25 of the 1860 Act, the Assistant Registrar is to proceed to hold the elections. For the said purpose, the Assistant Registrar has nominated the District Basic Education Officer, Kushinagar to proceed to hold the elections and he has further declared a list of 14 members to be the valid list from which the elections will be held excluding those who are dead.

(3.) Sri P. N. Saxena, learned senior counsel for the Petitioners submits that the finding on the issue relating to membership is based on erroneous assumptions of fact and there are no cogent reasons given for not having accepted the members as reflected by the Petitioners hence the impugned order is vitiated. He further submits that if the Assistant Registrar had any doubt or dispute with regard to the elections held in between, from 1995 onwards, then he ought to have referred the matter to the Prescribed Authority under Sub-section (1) of Section 25 of the 1860 Act where after any decision could have been taken for declaring the previous Committee to be defunct. He, therefore, contends that this having not been done, the Assistant Registrar has adopted a wrong approach and has transgressed his jurisdiction.