DARUL ULUM SAMADHIYA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Anil Bhushan, learned Senior Counsel assisted by Shri Jitendra Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 and 2 and Shri Prabhakar Awasthi, learned counsel representing respondent no.3.

(2.) The order under challenge in the present writ petition is dtd. 10/4/2023 whereby the Assistant Registrar, Firms, Societies and Chits, Jhansi in furtherance of directions issued by this Court in Writ C No.1887 of 2023 (C/M Darul Uloom Samadia and 2 Ors. v. State of U.P. and 3 Ors.), has set aside the list of office bearers registered at the behest of the petitioners and also the impugned Bye-laws of the Society by recording a finding that the same had been obtained on the basis of fabricated documents.

(3.) The submission of learned Senior Counsel is to the effect that elections of the Society were held in the year 2021 from a Body of seven office bearers and the list was registered on 25/3/2022, whereafter, amendments were made in the Bye-laws by a list of 11 office bearers and the same were registered in the office of Assistant Registrar on 30/12/2022. It is contended that a complaint was moved by respondent no.3 and, thereafter, a direction was sought from this Court for taking a decision on the complaint and it is in pursuance of the said complaint and the direction that the order impugned has been passed. It is further contended that insofar as, the complaint is concerned, it was with respect to the meeting dtd. 25/12/2021 to the effect that the said meeting was not held in accordance with law; that the President of the Society namely Kudrat Ullah had no knowledge about the same and that his signatures were forged in the proceedings. Various other allegations were also levelled in the complaint and according to learned Senior Counsel, the scope of complaint was limited to examine the validity of meeting dtd. 25/12/2021, whereas, the Assistant Registrar has transgressed his powers and jurisdiction to go beyond the scope of complaint and has, infact, reviewed the earlier decision whereby the list of office bearers was registered on 25/3/2022 and, further proceedings were held on 8/9/2022 and 7/10/2022.