COMMITTEE OF MANAGEMENT ANJUMAN MOIN UT TULABA BULANDSHAHAR AND Vs. DEPUTY REGISTRAR FIRMS SOCIETIES AND CHITS U P MEERUT

JUDGEMENT

(1.) O. P. Garg, J. By means of the writ petition under Article 226 of the Constitu tion of India the petitioners have chal lenged the order dated 31-3-1998 passed by the Regional Deputy Registrar, Firms, Societies and Chits Meerut, which is An-nexure-10 to this writ petition.

(2.) HEARD Dr. R. G. Padia learned Counsel for the petitioners and Sri R. K. Pandey learned Counsel for respondent No. 2.

(3.) I have given thoughtful considera tion to the matter. There is no dispute about the fact that the scope, object and controversy which is to be decided and the authorities under Section 4 (1) proviso to Section 25 of the Act are quite separate and distinct. Under Section 4, annual list of managing body is to be filed before the Registrar for record. The list of the manag ing body is to be counter-signed by the old members and if the old office bearers do not counter-sign the list, the Registrar may, in his discretion issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and is required to decide all objec tions received within the said period. It is a sort of administrative enquiry. On the other hand, the Prescribed Authority on a reference made to it, by the Registrar or by atleast 1/4th of the members of a society, hear and decide in a summary manner, any doubt or dispute in respect of the election or continuance in office of an office-bearer of such society and may pass such orders in respect thereof, as it deems fit. The Prescribed Authority has the power to set aside the election of an office bearer if he is satisfied that any corrupt practice has been committed by such office bearer, that the nomination of any candidate has been im properly rejected or that the result of the election, insofar as it concerns such office bearer, has been materially affected by the improper acceptance of any nomination or by improper rejection of any vote or the reception of any vote, which is void or by any non-compliance with the provisions of the rules of the society. A bare reading of Section 25 would make it clear that the Prescribed Authority can go into the validity of otherwise of the elections, as set up by the rival office bearers on the founds specified above. The Registrar as no power to Act under Section 25 of the Act except that he can simply make a reference to the Prescribed Authority.