RAJMANI MAURYA Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) Heard Sri Yatindra, learned counsel for the petitioner, Sri Indra Raj Singh, learned counsel for respondent Nos. 2 and 3 and learned Standing Counsel for the State-respondents. Learned counsel for the parties agree that the present writ petition may be disposed of at this stage without calling for any further affidavits, specifically in view of the order proposed to be passed today.

(2.) This Court is not happy with the manner in which the Assistant Registrar, Firms, Societies and Chits, Varanasi has acted in the facts of the present case, while conducting elections of the office bearers of the society registered in the name and style of 'Kisan Adarsh Bal Vidyalaya Samiti, Gaddopur, Belwan, Mariyahun, District Jaunpur' in exercise of powers under Section 25(2) of the Societies Registration Act, 1860, on the basis of the electoral college determined under his order dated 19th January, 2013.

(3.) Petitioner before this Court, who claims to be ex-manager of the Committee of Management filed writ petition No. 6988 of 2013 stating therein that such determination of the electoral college has taken place without any tentative list being published and without objections being invited. It was his case that he filed detailed objections supported by documents and affidavit for establishing that there were certain valid members of the general body who have been excluded from being included in the electoral college. Since at the relevant time agenda for holding elections had already been published, the Writ Court did not interfere with the elections. The Writ Court vide order dated 7th February, 2013 disposed of the petition by providing that after the elections are over, petitioner will be at liberty to file his objections in the matter of determination of the electoral college as also in respect of procedure adopted qua elections. The Assistant Registrar was required to consider the objections to be so filed by means of a reasoned speaking order, after affording opportunity of hearing to the parties concerned.