LAWS(ALL)-2009-7-124

HARENDRA SINGH CHADDHA Vs. STATE OF U P

Decided On July 20, 2009
HARENDRA SINGH CHADDHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THE short question involved in the present petition is as to whether after expiry of period of the term of Committee of Management under Rule, the Registrar has got power to permit the Committee of Management to hold election. According to the petitioner, the elections can be held by the Assistant Registrar himself according to provisions of Section 25 (2) of the Societies Registration Act. The election was held on 16.5.2004. The term expired on 16.5..2007. Accordingly, the submission of the counsel for the petitioner is that the Registrar is to hold election of Sri Guru Singh Sabha, Gurudwara Road, Saharanpur in pursuance to power conferred of Section 25 (2) of the Societies Registration Act. The petitioner had filed Writ Petition No. 63817 of 2007, Harendra Singh Chaddha v. State of U. P. and others, before this Hon'ble Court which was decided finally by the order dated 20.12.2007. Operative portion of judgment is being produced hereunder :

(3.) IN one another case in U. P. Olympic Association and another v. Registrar, Firms Societies and Chits Funds and others, 1983 UPLBEC 91, a Division Bench of this Hon'ble Court had observed that in case the term of the Committee of Management expired and fresh election of officer bearers has not been held within time specified, Registrar has power to convene election meeting.