COMMITTEE OF MANAGEMENT RASHTRIYA JUNIOR HIGH SCHOOL SOCIETY BABHANIYAON JAUNPUR Vs. ASSTT REGISTRAR FIRMS SOCIETIES AND CHITS VARANASI REGION

JUDGEMENT

(1.) We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Rakesh Tiwari, in his Lordship's order dated 20.5.2003. In the writ petition filed on behalf of the appellant, who, in reality is Mantri, Vijai Bahadur Yadava deseriting(sic) himself the Manager of the Committee of Management of Rashtriya Junior High School (Society), Babhaniyaon, challenged the order passed by the Assistant Registrar on 25.5.2000, whereby he recalled the earlier grant of renewal of the certificate of the Soceity made by him on 24.3.1999. The disputes arose before him since the group of Birendra Kumar Shukla and others raised the point that Yadava was not entitled to obtain the renewal of the grant on behalf of the Soceity, as he was not an office bearer and in a hopeless minority.

(2.) The learned Assistant Registrar's finding is on record and from one portion (see page 83 of the paper book before us), it may be seen that all founder members of the Soceity, namely; Laxmi Narayan Shukla, Shitla Prasad Yadava, Suresh Kumar Yadava and Raghuraj Singh were placing confidence and reliance upon Birendra Kumar Shukla. and the appellant, Yadava although a founder member, was alone in his own camp.

(3.) There is also a finding that no original document could be produced for substantiating before the Registrar any election which gives the managerial post to Yadava, and the consequential finding was that the case of the appellant appeared to be fictitious and, therefore, in the interest of justice the renewal granted to him should be withdrawn.