COMMITTEE OF MANAGEMENT SRI JANTA AUDYOGIK VIDYALAYA Vs. DEPUTY REGISTRAR FIRMS SOCIETIES AND CHITS KANPUR REGION KANPUR

JUDGEMENT

(1.) O. P. Garg, J. In this writ petition, the validity of the order dated 18-8-1997, Annexure-7 to the writ petition, passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur has been challenged by the petitioner- Committee of Management Janta Audyogik Vidyalaya, Sherpur Gurha, Kanpur Dehat through its Secretary/manager, Vir Sen Yadav. Counter and rejoinder- affidavits have been exchanged. With the consent of the learned Counsel for the parties, this writ petition is finally disposed of.

(2.) HEARD Sri Ashok Khare, learned Counsel for the petitioners and Sri V. K. Shukla, learned Counsel for the respon dent Nos. 2 and 3.

(3.) ON behalf of the petitioners, it was urged that the Registrar himself has no jurisdiction under Section 4 (1) of the Act to hear and decide any doubt or dispute in respect of an election or continuance in office of an office bearer of a society and, therefore, any decision given by him in this regard will be wholly without jurisdiction. Sri Khare maintains that the Dy. Registrar was under the law bound to refer the dis pute of the nature raised before him to the Prescribed Authority. In support of his contention, Sri Khare placed reliance on the following decisions: (1) 1981 UPLBEC308 (DB) Vijay Narain Singh v. Registrar, Firms, Societies and Chits, U. P. Lucknow A Ors. ; (2 ). (1987) 1 UPLBEC 333 Committee of Management and Ors. v. Zila Basic Siksha Adhikari and Ors. ; (3) (1988) 1 UPLBEC 515 (DB) Purva Bazar Educational Society, Gorakhpur v. Asstt. Registrar, Firms Chits and Societies, Gorakhpur. (4) AIR 1988 Allahabad 236 All India Council andanrv. Firms, Societies and Chits. (5) 1991 AWC 1311 Muslim Welfare Society Machlinagar v. Asstt. Registrar, Firms, Societies and Chits. (6) 1993 (2) UPLBEC 890 Khoproha Educational Society and Ors. v. Asstt. Registrar, Firms Societies and Chits. (7) 1994 HVD (Alld) Vol. Ill 389 (DB) Company Management v. Asstt. Registrar, Firms Societies and Chits. The gamut of all these rulings is that if there is any doubt or dispute about the election of the committee of management or the office bearers, such a dispute cannot be resolved by Deputy Registrar in exer cise of his powers under Sections 3-A and 4 of the Act and he is left with no option but to refer the dispute to the Prescribed Authority for being decided under the provisions of Section 25 of the Act. Sri Shukla maintained that the impugned order passed by the Deputy Registrar is in effect, an order under Section 4 of the Act and, therefore, no exception can be taken about it. In support of his contention, he placed reliance on two decisions of the Division Bench of this Court, namely, (i) (1995) 2 UPLBEC 1242, Committee of Management, Kishan Shiksha Sudan, Bankshai Distt. Basti and another v. Assis tant Registrar, Chits, Firms and Societies, Gorakhpur and (ii) dated 28-10-1997 in Special Appeal No. 22 of 1996 Shiksha Parishad Nagwa Ballia and another v. Dy. Registrar, Firms, Societies and Chits and Ors.