The main legal point established in the judgment is that the Assistant Registrar is competent to decide the question of membership, which does not come within the purview of Section 25 of the Societies Registration Act.

( 1 ) THE petitioners allege that they have raised a dispute with regard to the continuance in office of an office-bearer but the same was decided by an order dated 30. 9. 1997 which is Annexure 12 to the writ petition. According to them the Asstt. Registrar was Incompetent in deciding the said dispute within the meaning of Section 25 of the Societies Registration Act, 1860 (hereinafter referred to as the Act) and it was incumbent on him to refer the same to the Prescribed Authority.

( 2 ) SRI N. A. Khan, learned Counsel for the petitioners contends that in the garb of deciding the dispute with regard to membership, the question under Section 25 of the Act cannot be gone into by the Assistant Registrar.

( 3 ) SRI Ashok Khare, learned Counsel for the respondents, on the other hand, contends that the registration certificate was account to be renewed and the same was allowed. After the certificate of registration was renewed, an objection was filed by the petitioners themselves by order dated 30. 9. 1997 the said objection had been decided against the petitioners. He points out from the said order that the Assistant Registrar has found that the petitioner No. 2 was not an ordinary member of the Society on the basis of the records and had disbelieved the case of the petitioners that petitioner No. 2 was such a member of the said Society. Therefore, according to Sri Khare the objection against certificate of renewal cannot be treated to be a doubt or dispute with regard to election or continuance in office of an office bearer and is not amenable to Section 25 of the Act. Secondly he contends that the Assistant Registrar is competent to decide the membership. If a person is not a ordinary member, in that event he cannot be an office bearer. If primarily a person is not a member he cannot raise a dispute under Section 25 of the Act. He further contends that it is well within the Jurisdiction of the Assistant Registrar to decide the question of membership which does not come within the purview of Section 25 of the Act. Sri Khare contends that by a reasoned order passed in this writ petition, the alleged l/4th members of the society have purported to seek a reference under Section 25 of the Act on the basis of the certificate, the Prescribed Authority is in cession of the said reference which is still pending.

( 4 ) AFTER having heard that learned Counsel for the parties, it appears that even if when the membership is decided and it is found that the petitioner No. 2 was not a member of the Society, then It can not be brought within the purported meaning of Section 25 of the Act relating to the decision of continuance in office as an office bearer or election thereto. Secondly if it is an objection with regard to the renewal of certificate, then it is also not possible to challenge the same on the ground that it ought to have been referred to under Section 25 of the Act. Section 25 of the Act postulates a definite and specific question with regard to any doubt or dispute with regard to continuance in office of an office bearer of the Society, which is required to be independently raised and decided in appropriate manner. When such question arises before the assistant Registrar, if he so feels and makes a reference and if he disagrees it is open to the parties refer the same through l/4th members of the Society to the Prescribed Authority.

( 5 ) BE that as it may, the question having already been raised and having been pending it is not necessary to decide the question, therefore, the finding given above, would be treated to be tentative for the purposes of disposal of this matter and shall, in no way, influence the decision in pending proceedings. It is expected that the pending proceedings may be decided in accordance with law and on its merits without being influenced by any observation mate herein as early as possible preferably within a period of six months after giving appropriate opportunity to the respective part