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

JUDGEMENT

(1.) 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 respondent Nos. 2 and 3.

(3.) Sri Janta Audyogik Vidyalaya, Sherpur, Gurha. Kanpur Dehat is a society which was registered under the Societies Registration Act. 1860 on 9.1.1963. The renewal of the certificate of registration of the said society was made on 19.3.1994 for a period of 5 years commencing from 10.10.1990 on the application of Ram Swarup Yadav, the then Manager/Secretary. List of the Committee of Management and its office bearers of the year 1993-94 was filed. At that time, there were only 12 members of the general body. Shiv Lal Singh-respondent No. 3 applied for renewal of the certificate of registration for a period of 5 years and filed the necessary documents as required under Section 4 of the Societies Registration Act. The petitioners filed objections before the Deputy Registrar who by the Impugned order dated 18.8.1997 came to the conclusion that the papers filed by Shiv Lal for renewal of the certificate of registration under Section 3A of the Societies Registration Act (hereinafter referred to as 'the Act') are acceptable and accordingly by invoking the powers under Section 4 (1), list of the Committee of Management of the year 1997-98 was registered and renewal for 5 years w.e.f. 10.10.1995 was allowed, and the objections filed by Vir Sen Yadav were rejected.