RAM SUKH TRIPATHI Vs. REGISTRAR FIRMS SOCIETIES

JUDGEMENT

(1.) Heard Sri Sunil Sharma and Vinod Kumar Singh-II, Learned Counsel for the petitioners and Sri M.B. Singh, Learned Counsel for the opposite parties Nos. 1 and 2. Through the instant writ petition under Article 226 of the Constitution of India, petitioners challenge the order No. 2495 II/l-9121/02-03/Faizabad dated 10.9.2003 contained as Annexure 1 to the writ petition, whereby the Deputy Registrar, Firms, Societies and Chits, U.P., Faizabad, while exercising jurisdiction under Section 4(1) of the Societies Registration Act, 1860, approved the list of Managing Committee submitted by the opposite parry No. 3-Shri Kamla Prasad Misra. It has also been prayed that a writ in the nature of Mandamus be issued directing the opposite party Nos. 1 and 2 to register the Managing Committee of the Tehta Shiksha Prasar Samiti, Sultanpur elected on 22.7.2002 under Section 4 (1) of the Act.

(2.) Brief facts, giving rise to the instant writ petition, are that Tehta Shiksha Prasar Samiti, Agai, Sultanpur, which is a society registered under the Societies Registration Act, 1860, came into force in the year 1959 and is managing the Junior High School, Agai, Sultanpur. There were 25 members in the General Body of the Samiti. The registration of the Society was renewed from time to time.

(3.) On 27.7.1997, a meeting of the General Body of the Society was held, in which, 24 members were present and the election for the new Managing Committee was held, wherein petitioner No. 1 was elected as President and petitioner No. 2 as Manager of the Society. Thereafter, the newly elected Managing Committee was registered under Section 4(1) of the Act as the office bearers of the earlier Managing Committee had given their no objection and also signed a list of newly elected office bearers.