COMMITTEE OF MANAGEMENT Vs. REGISTRAR FIRMS SOCIETIES

JUDGEMENT

(1.) THE Committee of Management, Sri Daya Nand Inter College, Bambawad, District Gautam Budh Nagar through its Manager Brahm Singh has filed this petition for quashing the order dated 19th June, 2009 passed by the Registrar, Firms, Societies and Chits, U.P. Lucknow (hereinafter referred to as the 'Registrar') by which the list of 104 members submitted by Thirath Singh has been accepted and the list of 125 members submitted by Brahm Singh has not been accepted with a direction to the District Social Welfare Officer, Gautam Budh Nagar under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') to hold the election of the Committee of Management of the Society from the list of 104 members as the terms of the Committee of Management of the Society came to an end in 2008.

(2.) IT is stated that 'Vidya Pracharani Sabha' is a Society registered under the provisions of the Act. The Society runs a Daya Nand Inter College, Bambawad which is recognised by the Board of High School and Intermediate Education. The contention of Sri N.L. Pandey, learned counsel for the petitioner is that the Registrar had no power to examine the dispute as by the Notification dated 7th January, 1982, the Governor had conferred on all the Deputy Registrars of the Firms, Societies and Chits, U.P. the powers of the Registrar under the provisions of the Act to be exercised within the area of their respective jurisdiction. In support of his contention, learned counsel has placed reliance on the decisions of the Court in Ramadhar Mishra Vs. State of U.P., 2010 (3) ADJ 258 and Committee of Management Vs. Rama Shanker Singh & Ors., 2008 (8) ADJ 514 and the decision of the Supreme Court in Ishwar Singh Vs. State of Rajasthan & Ors., (2005) 2 SCC 334.

(3.) I have considered the submissions advanced by the learned counsel for the parties. The objection raised by learned counsel for the respondent is that the petitioner -Committee of Management of the Institution has no locus to assail the order passed by the Registrar for accepting the list of members of the Society submitted by the respondent and for issuing direction to the District Social Welfare Officer to hold the election of the Committee of Management of the Society. The order impugned does not deal with the Committee of Management of the Institution at all. Infact, the averments made in the writ petition also relate to the election of the Committee of Management of the Institution and do not mention about the election of the Committee of Management of the Society. On perusal of the Bye -Laws of the Society, it is not possible to accept the contention of the learned counsel for the petitioner that the Committee of Management of the Institution and the Committee of Management of the Society are same. The Committee of Management of the Institution, in such circumstances, will not have a locus to assail the order passed by the Registrar of the Society.