AVININDRA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri H.N. Singh, learned counsel for the petitioner, Sri Y.K. Saxena, learned counsel for respondent no.3 and learned Standing Counsel for the State-respondents.

(2.) Petitioner, before this Court, is the legal heir of founder Secretary of the society, namely, Harish Chandra Singh. He seeks quashing of the order of the Deputy Registrar, Firms, Societies and Chits, Kanpur dated 6th November, 2009, where-under the Deputy Registrar has rejected his claim for being recognized as the Secretary of the society subsequent to the death of founder secretary, namely, Harish Chandra Singh.

(3.) Challenging order of the Deputy Registrar, learned counsel for the petitioner submits that the Deputy Registrar has relied upon the amendment said to have been affected in the bye-laws of the society in the meeting dated 1st December, 2005, whereby Clause 8 (kha) of the bye-laws was amended. According to the petitioner, in view of Clause 10 of the same bye-laws, no amendment in Clauses 8 (ka), 8 (kha) and 8 (ga) is legally permissible. Even otherwise, he submits that under the amended provision also, it is the senior-most legal heir of Harish Chandra Singh, to be treated as the next manager/secretary subsequent to the death of Harish Chandra Singh or his resignation. According to him, the part of the amended provision, which starts from the word "vFkok" takes care of the situation, when the senior-most legal heir of Harish Chandra Singh does not accept to act as the Secretary or is incapacitated to act as such.