SANSTHAPAK MANDAL GOVIND BALLABH PANT DEGREE COLLEGE Vs. ASSISTANT REGISTRAR FIRM SOCIETIES AND CHITS GORAKHPUR REGION

JUDGEMENT

(1.) Heard Sri P.S. Baghel on behalf of the petitioner, Dr. R.G. Padia, Senior Advocate, assisted by Sri P. Padia, Sri D.S.N. Tripathi and Sri P.C. Srivastava on behalf of the respondent Anil Kumar Upadhyaya in both the writ petitions.

(2.) The dispute giving rise to this case has a checkered history. The relevant fact for decision of dispute are as follows:- One Sri Bateshwar Nath Upadhyaya was the founder President of the society registered by name of Sansthapak Mandal, duly registered under the Societies Registration Act. There was absolutely no dispute with regard to the office bearer of the said society till the life time of Sri Bateshwar Nath Upathdyaya, who was life President of the society, expired in the year, 1986. On death of Sri Upadhyaya, the petitioner Sri Arun Kumar Upadhyaya, who claims himself to be one of the life member of the society, has set up his claim as President of the society. On the other hand Sri Anil Kumar Upadhyaya respondent No. 2 claims that in accordance with the registered bye laws of the society, under Clause 1D, he was appointed as member to fill the vacancy caused due to death of his father in the Sansthapak Mandal and because of his such appointment he automatically became the President of the Society.

(3.) The Assistant Registrar, Basti issued a letter dated 20.11.1987 wherein he recognized Sri Anil Kumar Upadhyaya as President of the Sansthapak Mandal. Against the said order of the Assistant Registrar a writ petition No. 23943 of 1987 was filed by Arun Kumar Upadhyaya before this Court. The writ petition was disposed of by this Court after holding that the document dated 20 November, 1987 was only a letter seeking information and the Assistant Registrar was directed by this Court to decide the matter afresh in accordance with law.