COMMITTEE OF MANAGEMENT MADARSA QAMRUL ULOOM ISLAMIYA SAMITI Vs. SAHAYAK REGISTRAR FIRMS SOCIETIES AND CHITS

JUDGEMENT

(1.) Heard Sri W. H. Khan on behalf of the petitioner and standing counsel on behalf of respondent No. 1. It is not necessary to issue notice to respondent No. 2 in view of the order proposed to be passed today in the present writ petition.

(2.) The petitioner-Committee of Management Madarsa Qamrul Uloom Islamiya Samiti, Kakrala, Budaun, through its Manger Sri Rafi Ahmad Khan, has filed this writ petition, amongst others, for the relief that the objection filed by the petitioner on 31.7.2004 and the representation dated 9.8.2004 may be considered and decided by the Assistant Registrar in accordance with law.

(3.) According to the petitioner the elections of the Committee of Management of the society registered in the name of Madarsa Qamrul Uloom Islamiya, Kakrala, Budaun, were held on 10.9.2001 and in pursuance of the elections so held a list of office bearers was duly registered by the Assistant Registrar under Section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the Act) on 5.10.2001. All of a sudden the Assistant Registrar has registered another list of office bearers of the Committee of Management of the society submitted by Sri Zeeshan Khan, respondent No. 2 on 6.7.2004 on the basis of alleged elections said to have taken place on 10.5.2002. According to the petitioner under the proviso to sub-section (1) of Section 4 of the Act it Is mandatory that for registering the list of newly elected office bearers the same should be countersigned by the outgoing office bearers of the Committee of Management and in case they do not countersign the same the Registrar should issue public notice inviting objections against the list which has been submitted for registration and thereafter pass orders with respect thereto after deciding the objections, if any. The relevant proviso to subsection (1) of Section 4 of the Act reads as under :