SURENDRA KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Victoria High School Association, Agra is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society has established an intermediate college in the name and style of Victoria Inter College, Agra which is a recognized and aided institution under the provisions of the Intermediate Education Act. The controversy giving rise to the present writ petition pertains to the office bearers of the society alone. The society has its own registered bye laws. Civil Misc. Writ Petition No. 18698 of 2005 was filed by Sri Sachin Kumar Srivastava in his capacity as alleged Secretary of the society against the order passed by the Deputy Registrar of the Firms, Societies and Chits, Agra dated 11.03.2005 whereby it was held that the list of office bearers with Sri Sachin Kumar Srivastava as Secretary was fabricated and cannot be accepted and therefore the list of office bearers registered on the basis of the said documents under Section 4 of the Act dated 25.11.2003 and 07.08.2004 are being declared null and void. Similarly the Deputy Registrar of the Firms, Societies and Chits further held that Sri Shiv Mohan Kunjar was the valid member of the society and the documents submitted by him are being accepted and accordingly the list of office bearers for the year 2004-05 with Sri Shiv Mohan Kunjar as Secretary are being registered. Sachin Kumar Srivastava was also directed to hand over the relevant documents of the society including the registration certificate to Sri Shiv Mohan Kunjar.

(2.) This Court while entertaining Civil Misc. Writ Petition No. 18698 of 2005 on 17.03.2005 granted an interim stay order. Subsequently an application was filed by Sri Nitinjay Pandey Advocate on behalf of the petitioner stating that he does not want to press the writ petition (Civil Misc. Writ Petition No. 18698 of 2005) and the same be dismissed as withdrawn. Accordingly this Court on 3rd May, 2005 dismissed the said writ petition as withdrawn.

(3.) The present writ petition has been filed by Sri Surendra Kumar Sharma along with one Sri Ashok Kumar Bhardwaj against the same order of Deputy Registrar of the Firms, Societies and Chits dated 11.03.2005 and it has been stated that the earlier writ petition (Civil Misc. Writ Petition No. 18698 of 2005) filed by Sri Sachin Kumar Srivastava has been withdrawn in collusion with the respondents under pressure and, therefore, it is contended that the petitioners who are patron members of the society may be permitted to maintain the second writ petition against the order passed by the Deputy Registrar of the Firms, Societies and Chits dated 11.03.2005.