COMMITTEE OF MANAGEMENT, J.L. NEHRU UCHCHATAR MADHYAMIK VIDYALAYA AND OTHERS Vs. ASSTT. REGISTRAR, FIRMS, SOCIETIES AND CHITS, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) THE matter here pertains to the renewal of the registration of a Society, registered under the Societies Registration Act, 1860 (hereinafter referred to as 'The Act') in the context of the claim for such renewal by different persons founded upon their conflicting assertions of being validly elected and in effective control of the affairs of the Society. Renewal of registration was sought by the Jawahar Lal Nehru Uchchatar Madhyamik Vidyalaya, Bargahpur Lehra (Society) in District Maharajganj. Three persons, namely, S/Sri Nagendra Kumar Misra, Gobari and Rajmani Prasad sought renewal of the Society on the basis of what they claimed were valid elections in which they were duly elected. The Assistant Registrar, Finns, Societies and chits Gorakhpur purporting to Act under Sec. 3 -A of the Act granted renewal of registration of the Society in favour of Sri Narendra Kumar Misra. It is this order which was challenged in the writ proceedings.

(2.) A reference to the statutory provisions shows that the Registrar is, in terms of Section 3 -A of the Act, empowered to renew the registration of a Society. What is important to note here are the provisions of section 3 -B of the Act, which read as under:

(3.) IN the face of this clear statutory provision there can be no escape from the conclusion that the Assistant Registrar, while dealing with renewal of a Society under Sec. 3 -A of the Act, is not empowered to embark upon an enquiry or adjudication into the validity of the election of the person claiming renewal of such Society. All that the Assistant Registrar is concerned with there is whether or not the Society is entitled to renewal of Registration, Sec. 3 -B of the Act makes it further clear, when it provides that the matter may be referred to the State Government and finality is only with regard to the registration or renewal of the Society. There too no mention is made regarding enquiry or adjudication of the dispute relating to election of the office bearers of the Society.