SHRI ARYA MAHILA HITKARINI MAHA PARISHAD LAHURABIR VARANASI Vs. ASSTT REGISTRAR FIRMS SOCIETIES AND CHITS VARANASI

JUDGEMENT

(1.) -Heard Shri Ashok Khare, senior advocate, assisted by Sri S. C. Shukla advocate, on behalf of petitioners, standing counsel on behalf of respondent Nos. 1 and 2 and Sri Gajendra Pratap advocate on behalf of respondent No. 3.

(2.) SHRI Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi, is a duly registered society under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society is run and managed in accordance with the registered byelaws of the society which also lay down the procedure for election of its office bearers. On the basis of rival elections held in the year 1992 two lists of office bearers were submitted before the Assistant Registrar for being registered under Section 4 of the Act ; one headed by Smt. Aarti Mukherjee as General Secretary and the other headed by Sri Shri Krishna Tiwari. The Assistant Registrar in exercise of powers under Section 25 (1) of the Act referred the said dispute of rival elections for adjudication to the prescribed authority vide order dated 20/21.12.1994. During the pendency of the aforesaid dispute fresh election proceedings were initiated by the petitioner. However, the prescribed authority issued an order dated 31.01.1995 he restrained the holding of fresh elections.

(3.) ACCORDING to the petitioners they moved an application on 3.4.2002 for recall of the order dated 26.9.2001. In the meantime the petitioners issued another agenda dated 16.2.2002 for holding fresh elections of the committee of management. According to the petitioners fresh elections for electing the office bearers of All India Sanrakshak Sabha and also members of All India Council took place on 11.3.2002 and on 25.3.2002, the office bearers of All India Council as also 2/3rd members of the Executive Committee of the Association were elected. Proceedings for co-option of the members took place on 26.3.2002. The entire proceedings of election were transmitted to the Assistant Registrar with the list of office bearers for registration under Section 4 of the Act.