GIRJA SINGH Vs. COMMITTEE OF MANAGEMENT INTERMEDIATE COLLEGE

JUDGEMENT

(1.) This intra-court appeal filed under Chapter VIII Rule 5 of the Rules of the Court lays a challenge to the judgment and order dtd. 28/4/2022 passed by the learned Single Judge in Writ-C No.1004847 of 2012 as corrected by means of the order dtd. 6/5/2022.

(2.) At this juncture itself, we may notice that in the aforesaid writ petition under challenge was an order dtd. 13/8/2012 passed by the Deputy Registrar Firms, Societies and Chits, Kanpur Region, Kanpur whereby a list of 112 members of General Body of the Society in question was declared to be valid for the purposes of holding the election of the Executive Body of the Society.

(3.) Shri Anupam Mehrotra, learned counsel representing the appellant-Smt. Girja Singh has argued that the learned Single Judge while passing the judgment and order under appeal has not considered the issue relating to maintainability of the writ petition at the instance of the petitioner-society and without, thus, deciding the question of maintainability, has allowed the writ petition thereby the learned Single Judge has erred in law. Elaborating this argument, it has been contended by Shri Mehrotra, learned counsel appearing for the appellant that the last renewal of the registration of the Society was done on 26/9/2003 for a period of five years w.e.f. 10/10/2000 and thereafter its registration has not been renewed and accordingly the writ petition filed by the Society whose registration was not renewed, could not be entertained. It has also been argued that in terms of the provisions contained in sec. 6 of the Societies Registration Act (hereinafter referred to as 'the Act') it is only a registered society which may sue or be sued. In support of this submission, learned counsel for the appellant has relied upon the judgments in the following cases: