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2000 Supreme(All) 763

O.P.GARG
SRI RAM LAXMI NARAIN MARVARI HINDU HOSPITAL – Appellant
Versus
ASSISTANT REGISTRAR, FIRMs, SOCIETIES AND CHITS – Respondent


Advocates Appeared:
Dinesh Pathak, P.S.Baghel, S.D.Pathak, Somesh Khare, V.B.SINGH, V.B.UPADHYAY

O. P. GARG, J.

( 1 ) THE core question involved in the present petition for determination is whether the Assistant registrar, Firms. Societies and Chits, exercising powers of the Registrar under the Societies registration Act (Act No. 21 of 1860) (hereinafter referred to as the Act) is empowered to recognize the elections of the office bearers of a registered society under the provisions of section 4 (1) of the Act or he has necessarily to refer the matter to the Prescribed Authority under Section 25 of the Act, should there be a dispute or doubt about the elections of office bearers of the committee of management of the society. This controversy has travelled up to this court by means of a petition under Article 226 of the Constitution of India in the backdrop of the following facts.

( 2 ) SRI Ram Laxmi Narain Marwari Hindu Hospital. Godaulia, Varanasi, is admittedly a society registered in the year 1930 under the Act. The office bearers of the last committee of management of the said society were elected in December, 1998. Dr. Ganesh Shankar Mishrapetitioner no. 2 claims himself to be the duly elected Joint Secretary of the Society. The dispute, it appears, arose on account of th




















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