COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.N. Singh, learned counsel for the petitioner, Sri V.R. Dwivedi, learned counsel for respondent No. 4 and learned standing counsel for the State-respondents. Petitioner, before this Court, has set up an election of the Committee of Management of Balika Vidyalaya Society Mal Road, Kanpur dated 20th November, 2011. Papers pertaining to the elected office bearers were transmitted to the Deputy Registrar, Firms, Societies and Chits, Kanpur Division, Kanpur (herein after referred to as the 'Deputy Registrar') for the list being registered under Section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the Act, 1860'). Objections were filed to the alleged elections. After hearing the parties, the Deputy Registrar vide order dated 11th April, 2012 held that the term of earlier elected office bearers had expired, they had become time barred and therefore, the elections now held were illegal. He proceeded to hold that fresh elections are to be held under Section 25(2) of the Act, 1860. A direction has been issued to the contesting parties to supply the list of members of the general body to the office of the Deputy Registrar so that fresh elections may be held at the earliest.

(2.) This order of the Deputy Registrar has admittedly been challenged by the petitioner by means of Civil Suit No. 977 of 2012. Alongwith the plaint, petitioner has also made a application for temporary injunction. The injunction prayed for, amongst others is for a restrain being placed upon the defendants from interfering in the working of the petitioner Committee of Management. Till date no temporary injunction has been granted and only notice has been issued to the defendants, as is apparent from the document enclosed as Annexure-2 to the present writ petition.

(3.) The Deputy Registrar as a consequence to the order passed on 11th April, 2012 has published a notice for holding of fresh elections of the society and has authorized the tehsildar, sadar to act as the election officer. It is against this order of the Deputy Registrar dated 20th November, 2012 that the present writ petition has been filed. Petitioner has also prayed for quashing of the notice dated 5th February, 2013 published by the election officer in the matter of elections of the office bearers.