ADHUNIK SHIKSHA AND WELFARE SOCIETY Vs. DEPUTY REGISTRAR FIRMS SOCIETIES AND CHITS SHRI SANTOSH KUMAR GOEL

JUDGEMENT

(1.) Heard Sri Anil Bhushan Advocate on behalf of the petitioners, Sri V. K.S. Chaudhary, Senior Advocate, assisted by Sri R.S. Maurya Advocate on behalf of respondents 2 and 3 and Standing Counsel on behalf of respondent No. 1.

(2.) Adhunik Shiksha and Welfare Society is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The aforesaid society has established a professional college in the name and style 'R. K. Gupta Memorial Institute of Technology and Management, Agra'. It is not in dispute that at the time of inception of the society Sri R. K. Gupta, the husband of Srimati Nisha Gupta, the petitioner, was Secretary of the society. Sri R. K. Gupta, while in office, expired on 13th November, 2000 and, according to the petitioner, in his place Srimati Nisha Gupta, petitioner No. 2, was appointed as Secretary for the remaining term. The term of the elected Committee of Management was due to expire in July, 2001. According to the petitioner fresh elections took place on 08.07.2001 in which Srimati Nisha Gupta was again elected as Secretary while Sri P. K. Sharma was elected as the President.

(3.) The respondents, on the other hand, contend that fresh elections took place on 10.07.2001 in which Sri B. L. Gupta was elected as President and Srimati Nisha Gupta was elected as the Secretary. Two sets of elections i.e. 08.07.2001 and 10.07.2001 were transmitted to the Deputy Registrar Firms, Societies and Chits, Agra for registration of the list of office bearers of the society. The Deputy Registrar Firms, Societies and Chits issued notice dated 04.05.2003 and, thereafter, by means of order dated 14.08.2003 held that the elections as set up by Sri B. L. Gupta, respondent No. 3, were patently illegal and fabricated while the elections which have been pleaded by Srimati Nisha Gupta dated 08.07.2001 were according to the rules applicable and were recognized, it was accordingly directed that the list of office bearers submitted by Srimati Nisha Gupta be registered under Section 4 of the Act.