COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Sri Ajay Kumar Chaudhary has put in appearance through a Caveator, who has been heard under Chapter XXII Rule 5A of Allahabad High Court Rules, 1952. Heard learned counsel for the petitioner, who has come up questioning the order passed by the Assistant Registrar, Firms, Societies and Chits, dated 15.9.2012 on the ground that the election of the Society had already been held through the Basic Education Officer and, therefore, the exercise of powers by the respondent No. 3 under sub-section (2) of Section 25 of the Societies Registration Act is absolutely unwarranted.

(2.) It is undisputed that the elections relate to the Management of a Society registered under the Societies Registration Act, 1860, which runs a Junior High School. There is no other separate Scheme of Administration. In the opinion of the Court, there is no power with the Basic Education Officer to hold the elections of a Society under the 1860 Act or initiate any such process of election.

(3.) The Assistant Registrar was informed that no elections had been held for the past 10 years which fact is undisputed. In the absence of any such intervening event, the Assistant Registrar was, therefore, justified in invoking his powers under sub-section (2) of Section 25 of the Societies Registration Act, 1860. The elections held by the Basic Education Officer were, therefore, without authority in law.