COMMITTEE OF MANAGEMENT SRI LAL BAHADUR SHASTRI PURVA MADHYAMIC VIDYALAYA DURGI PATTI BALLIA Vs. STATE OF U P

JUDGEMENT

(1.) The petition questions the legality of the order dated 31st December, 2010 passed by the Registrar, Firms, Societies and Chits, Lucknow whereby he has treated the election proceedings as set up by the Petitioners to be highly disputed and has concluded that since the tenure of the Committee of Management has already expired, therefore, the Assistant Registrar, Firms, Societies and Chits, Azamgarh should hold the elections under the provisions of Sub-section (2) of Section 25 of the Societies Registration Act, 1860 (hereinafter referred to as 'the 1860 Act'). The Registrar has further directed that the elected Committee shall accordingly proceed to consider passing of any appropriate amendments in the procedure relating to the enrollment of members of the general body.

(2.) Sri H.N. Singh, learned Counsel for the Petitioners submits that the Society namely Lal Bahadur Shastri Purva Madhyamic Vidyalaya is a society registered under the 1860 Act and also runs a Junior High School imparting education up to Class-VIII. He submits that the Registrar has travelled beyond his jurisdiction to have passed the impugned order, inasmuch as, the very issue relating to his own jurisdiction was a moot question which the Registrar has found to be in favour of the Petitioners, yet he has proceeded to decide the claim on merits which renders the impugned order invalid. Sri Singh submits that this Court while passing the order on 23rd March, 2009 in Writ Petition No. 32933 of 2003 had not conferred any such jurisdiction on the Registrar nor in law any such jurisdiction could have been conferred which the Registrar otherwise did not possess under the 1860 Act, hence the impugned order is vitiated.

(3.) It is further contended that since only a doubt had been expressed about the elections set up by the Petitioners in the previous years, the same could not have been a ground to discard the same and hold that the tenure of the earlier elected Committee had come to an end.