SARRAFA COMMITTEE Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been preferred by Subhash Chandra Agrawal, Secretary of the Committee of a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as 'the 1860 Act') assailing the order passed by the Respondent No. 2-Deputy Registrar, Firms, Societies and Chits, Agra whereby he has proceeded to hold that the elections held in September, 2010, in which the Petitioner claims to have been elected as Manager is invalid and further the former President and the Secretary are directed to give an opportunity of hearing to such members who had been allegedly expelled and then determine their status so as to finalize the electoral college of the Society.

(2.) Learned Counsel for the Petitioner submits that the impugned order is without jurisdiction and even erroneous on merits, inasmuch as, without recording any finding on the issue of membership, there was no occasion to have raised questions and then called upon the Society through its erstwhile office-bearers to decide the issue of membership. Further the elections could not have been invalid on such a ground and if there was any doubt or dispute then the same ought to have been referred by the Deputy Registrar to the prescribed authority of the area concerned as per the provisions of Sub-section (1) of Section 25 of the 1860 Act.

(3.) In response, Sri Pandey and Sri Namit Kumar Sharma appearing for the Respondent No. 3 contend that no such irregularity has been committed by the Assistant Registrar and he has simply decided the matter as per the directions of this Court dated 5,10.2010 in Writ Petition No. 60894 of 2000. Reliance has been placed on behalf of the Respondents in the case of Committee of Management, Kisan Shiksha Sadan, Banksahi, District Basti and Anr. v. Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur and Anr., 1995 2 UPLBEC 1242.