SATYA KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned senior counsel assisted by Sri Sanjay Vikram Singh for the petitioner, learned standing counsel for respondents 1 & 3, Sri Ajit Kumar Singh for respondent 2 and Sri A.S. Rai and Sri G.K. Saxena for respondent 4.

(2.) Counter affidavit filed on behalf of the respondent 4 is taken on record. Counsel for the petitioner states that he does not wish to file any rejoinder affidavit and therefore with consent of learned counsel for the parties, the matter is heard finally.

(3.) Sukhmai Sansthan, Behda Kerakat, Jaunpur is a registered society under the provisions of Societies Registration Act, 1860. The last renewal of the registration certificate was made on 19.4.2012 on an application submitted under the joint signatures of the petitioner as Manager of the Committee of Management of the Society and one Sankatha Prasad Singh as President. The renewal certificate became operative from 21.12.2011 for a period of five years. According to the petitioner, a meeting of the general body was held on 10.1.2010 in which the vacancy that had occurred on account of death of Dr. L.M. Dixit (Vice -President) was filled up by co -option of Abhimanyu Singh. In yet another proceeding dated 19.2.2011, the vacancy caused on account of death of Smt. Prabhawati Devi, a member of the Committee, was filed by co -option of Smt. Ekta Singh. The other proceeding set up by the petitioner is dated 23.6.2013, in which the vacancy on account of death of the President Sankatha Prasad Singh on 8.6.2013 was sought to be filled up by co -option of one Smt. Geeta Singh. These proceedings were submitted by the petitioner in his capacity as Manager of the Committee of Management before the Assistant Registrar with a request to register the list of office bearers of the year 2015 -16. On the basis thereof, the Assistant Registrar registered the list of office bearers under Section 4 of the Act.