SHYAM NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition assails the order of the Assistant Registrar, Firms, Societies & Chits, Allahabad who had been entrusted to decide the said dispute in relation to the District of Basti on account of an order transferring the proceedings from Gorakhpur to Allahabad.

(2.) The petition has been filed praying for quashing of the impugned order dated 31st August, 2012 whereby the Assistant Registrar has arrived at the conclusion that the elections of the managing body of the Society deserves to be held under Sub-Section (2) of Section 25 of the Societies Registration Act, 1860 as the tenure of the earlier Committee has come to an end. He has further proceeded to decide the electoral college of the society in terms of Section 15 of the Societies Registration Act, 1860 whereby he has authorised the participation of 46 members in the elections which are proposed under the impugned order to be held on 14th September, 2012.

(3.) Sri R.K. Ojha, learned counsel for the petitioners advancing his submissions has narrated the past story of the society and has urged that the society had not been renewed for long and the said society had initially established a Junior High School. There is no dispute between the parties that so far as the society and the erstwhile Junior High School are concerned, were governed by the bye-laws of the society which have been appended alongwith the memorandum of association as Annexure 2 to the writ petition. Sri P.N. Saxena for the contesting respondent no. 4 has also not disputed the said bye-laws.