AL HUDA MUSLIM EDUCATIONAL SOCIETY THRU PRES ATHAR Vs. STATE OF U P THRU PRIN SECY INSTITUTIONAL FINANCE

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Savitra Vardhan Singh, learned counsel representing respondent nos.3 and 4.

(2.) This petition by eight individuals challenges the validity of an order dated 24.06.2017 passed by the Deputy Registrar, Firms Societies an Chits, Lucknow Region, Lucknow whereby the election of the executive body of the society known as 'Al-Huda Muslim Educational Society, U.P. Triveni Nagar-III Near Sitapur Road, Lucknow' has been recognized and the list of members of the executive body of the said society for the year 2017-18 has been registered/taken on record.

(3.) Lengthy arguments have been advanced by learned counsel for the petitioners to impeach the impugned order stating therein that the Deputy Registrar has completely failed to consider the bye-laws of the society, according to which, first of all the executive committee is to be constituted in terms of Section 8 of bye-laws and it is only thereafter that the office bearers of the executive body can be elected in terms of the provisions contained in Section 10 of the bye-laws of the society. It has further been argued that primarily the contention raised by the petitioners before the Deputy Registrar was that election of the office bearers has not been held in terms of the bye-laws of the society, hence it was a dispute relating to election of the members of the executive body of the society, as such without there being any resolution of the election dispute as provided under Section 25 (1) of the Societies Registration Act, the Deputy Registrar could not have passed the impugned order registering the list of office bearers of the society purportedly under Section 4 of the Act.