MOHD. NAEEM KHAN Vs. REGISTRAR FIRMS SOCIETIES

JUDGEMENT

(1.) Heard Sri Raghvendra Singh, Senior Advocate appearing for the petitioners, learned Standing Counsel for the State respondents and Sri G.M. Kamil, learned counsel appearing for the respondent Nos. 4 and 6 to 27.

(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the order dated 03.06.2008, passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad Region, Faizabad whereby the electoral college for conducting elections of the executive body of the Society named as Madarsha Islamiya Sadarul Uloom, Bargaon, District Gonda was tentatively finalized. The petitioners have further challenged the order dated 03.07.2008, passed by the Deputy Registrar, Faizabad finalizing the electoral college comprising of 38 members of the said Society for the purpose of conducting elections of the executive body of the Society. By the impugned order, the District Minority Welfare Officer, Gonda was nominated to conduct the elections.

(3.) The sheet anchor of the argument of learned counsel for the petitioners is that once the Deputy Registrar by means of order dated 09.08.2005 had finalized the list of members of the general body of the Society, it was not open for him to have re-opened the matter again on the application moved by one Sri Mohd. Nasirullah Khan and further that the Deputy Registrar under Subsection (2) of Section 25 of the Societies Registration Act functions as quasi-judicial authority and hence unless the Act under which the Deputy Registrar functions empowers him to review his order, it was legally impermissible for the Deputy Registrar to have reviewed the order dated 09.08.2005 and thus the impugned action on the part of the Deputy Registrar vitiates both the impugned orders passed by him subsequently on 03.06.2008 and 03.07.2008 which have been annexed as Annexure Nos. 2 and 1 respectively to the writ petition.