COMMITTEE OF MANAGEMENT Vs. REGISTRAR FIRMS CHITS

JUDGEMENT

(1.) Short counter-affidavit filed on behalf of opposite party No. 3 is taken on record. By means of present writ petition, the petitioners have challenged the order dated 18.8.2012 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad (opposite party No. 2), by which opposite party No. 2 quashed the order dated 22.5.2012 passed on merit after hearing both the parties by the then Assistant Registrar and directed to conduct the election of Committee of Management of the Society.

(2.) The submission of learned counsel for the petitioners is that Shiv Mangal Shikshan Sansthan village and post-Sarsi Kham, Patti, Pratapgarh was registered on 24.6.2006 under Society Registration Act 1860 bearing its registration No. 288/2006-07. The petitioner No. 2, being a founder member of the Society and elected Manager, performed his duties and responsibilities as per bye-laws of the Society. First time the election of the Society took place in the year 2006 and opposite party No. 3 was elected as President and petitioner No. 2 elected as Manager. The term of officer bearers was for a period of five years.

(3.) Learned counsel for the petitioners further points out that without the knowledge of the petitioners as well as other members of the general body, a mischief was committed by opposite party No. 3 and without calling any meeting of Committee of Management, forged documents were prepared showing that a general body meeting took place on 2.7.2007 and new Managing Committee was formed by opposite party No. 3 removing the petitioner from Managership and placing the petitioner as Deputy Manager and he placed his real brother Sri. Vinod Kumar Singh as Manager. The said documents were presented before the Assistant Registrar for registration of a new Managing Committee, which was registered under the provisions of Section 4(1) of the Act.