COMMITTEE OF MANAGEMENT Vs. COMMISSIONER

JUDGEMENT

(1.) THERE is a Society duly registered in the name and style of Brahmacharya Ashram Shri Sarvar Sanskrit Mahavidyalaya, Kishorganj, Salempur, Tehsil Salempur, District Deoria. The dispute in respect of renewal of the registration of the Society was subject matter of consideration before the Assistant Registrar culminating in an order dated 28.05.2008. Under the said order the Assistant Registrar held that the renewal of the Society was due, it had to be renewed but such renewal had to be issued in favour of respondent to the present petition. The earlier renewal of the Society issued in favour of the petitioner was set aside. This order came to be challenged before the High Court by means of Civil Misc. Writ Petition No. 28431 of 2008. The writ petition was dismissed with the observation that the petitioner may file an appeal against the order dated 28.05.2008 under Section 12-D(2) of the Societies Registration Act. Against the order of the writ Court, Special Appeal No. 839 of 2008 was filed by the present petitioner. Initially an interim order was granted but ultimately the appeal was also dismissed vide judgment and order dated 02.11.2010. The Division Bench observed that the petitioner are being relegated to the remedy of statutory appeal, however, they can raise all the points on merits, raised in the special appeal. It is the case of the petitioner that the appeal itself was not maintainable as there had been no cancellation of the registration of the Society. Therefore the order dated 28.05.2008 will not fall within the four corners of Section 12-D(1) of the Societies Registration Act so as to become appealable. The petitioner, however, in compliance to the order of the Division Bench filed an appeal before the Commissioner.

(2.) THE Commissioner under the order impugned has upheld the order of the Assistant Registrar dated 28.05.2008. It is against these two orders that the present writ petition has been filed. This Court made a pointed query from the counsels appearing for the parties that once renewal was granted in favour of the Society but to be issued to one party under order dated 28.05.2008, can it be said that an order has been passed cancelling the registration or its renewable referable to Section 12-D(1) of the Societies Registration Act, so as to make it appealable under Section 12-D(1), both the counsels agree that such an order cannot be said to be an order under Section 12-D(1). Therefore, in the facts of the case, this Court has no hesitation to record that no appeal under Section 12-D(2) was maintainable.

(3.) THE dispute with regard to the right to manage the Society or being the lawful Manager/ office bearers, in the facts of the case needs to be examined by the Prescribed Authority under Section 25