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1998 Supreme(All) 210

D.K.SETH
COMMITTEE OF MANAGEMENT, ANJUMAN ISLAMIYA MARIYADIH – Appellant
Versus
ASSISTANT REGISTRAR CHITS FIRMS AND SOCIETIES – Respondent


Advocates Appeared:
Ashok Khare, N.A.KHAN, SURESH CHANDRA DWIVEDI

D. K. SETH, J.

( 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






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