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2000 Supreme(All) 941

D.K.SETH
ABUL KALAM – Appellant
Versus
PRESCRIBED AUTHORITY – Respondent


Advocates Appeared:
Irshad Ali, PRAKASH PADIYA, R.G.PADIA

D. K. SETH, J.

( 1 ) THE order dated 19th March, 1998 passed by the Additional District Magistrate, Phulpur, district Azamgarh in Case No. 3/3 under Section 25 (1) of the Societies Registration Act has since been challenged. Dr. Padia, learned counsel for the petitioner contends that the complaint was made by only two persons, out of whom one person had contested the case. Therefore, reference could not be made under Section 25 (1) of the Act, since, it has to be made at least by 1/4th of the members. In the alternative, he contends that even if the Registrar makes a reference, in that event such reference is to be made after having been satisfied about the materials placed before the Registrar in order to enable him to exercise his power under Section 25 (1) of the Act. He cannot mechanically refer the same. Such mechanical reference would not confer jurisdiction on the prescribed authority and as such, the decision is void and without Jurisdiction. He then contends that the petitioner had submitted his objection, which is Annexure-5 to this petition and that objection was not considered at all in the impugned order contained in Annexure-6. He points out that 83 members had partic


















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