The Assistant Registrar has the jurisdiction to examine the genuineness of the list of members of the managing body submitted along with the application for renewal of the certificate of registration as required by sub-section (4) of Section 3A of the Act.

( 1 ) PETITION in hand has been filed impugning the order dated 3rd of December 1992 passed by the Asstt. Registrar, Firms, Societies and Chits, Allahabad directing renewal of the registration certificate of the society known as Acharya Kripa Shanker Ramanugreh Tripathi Sansthan, village Ibrahimpur, post Lalgopal Ganj, Allahabad on an application dated 22-6-1992 moved by respondent Sri Harihar Prasad Tripathi.

( 2 ) FACTS giving rise to the present petition lie in a narrow compass and they are encapsulated as below : Acharya Kripa Shanker Ramanugreh Tripathi Sansthan situate at village Ibrahimpur, post Lalgopalganj, district Allahabad (hereinafter referred to as the society) was registered under the provisions of The Societies Registration Act, 1860 (in short the act) originally on 5-12-1981. The following were the office-bearers of the Society at the time of its registration on 5-12-1981: (I) Harihar Prasad Tripathi,. Advocate, Adhyaksh (ii) Maya Shanker Tripathi, Prabandh Sanchalak (iii) Dwarika Naresh Shukla, Upadhyaksh (iv) Shiv Ram Shukla, Upadhyaksh (v) Lal Pandey, Upadhyaksh (vi) Shambhu Kumar Tripathi, Maha-mantri (vii) Madhav Raj Pandey, Advocate Sanyukta Mantri (viii) Uma Shanker Pandey, Sanyukta Mantri (ix) Mata Prasad Misra, Sanyukta Mantri (x) K. D. Singh, Shastri, Koshadhyaksh (xi) Girija Shanker Misra, Sah Koshadhyaksh.

( 3 ) RENEWAL of the certificate of registration was last done on the application dated 19-4-1988. At that time, Sri Girija Shanker Tripathi and Sri Mata Prasad Misra had ceased to be on the list of office bearers of the society and accordingly, their names did not figure in the list of the office bearers submitted along with the renewal application dated 19-4-1988. However, counter-singatures of these two members were also obtained on the list of the members of the society submitted along with application for renewal dated 19-4-1988. The application for renewal being well in order, the registration of the society was renewed for a period of five years with effect from 10-10-1985.

( 4 ) THE five years period for which the certificate of registration of the society was renewed with effect from 10-10-1985 expired on 10-10-1990. An application for renewal of the certificate of registration was moved by Sri S. K. Tripathi, the petitioner on 1-6-1992. Along with this application, a list of the office bearers/members of the society was also submitted and it appears that the said list purported to have been counter-signed by only three of the old office bearers while six new office bearers were inducted in place of the old ones, but the counter-signatures of the old office-bearers were not obtained on the application dated 1-6-1992 moved by the petitioner for renewal of the certificate of registration. Accordingly, by letter dated 22-6-1992 issued from the office of the Asstt. Registrar, the petitioner was required to obtain counter-signatures of the former office bearers of the society and in the meantime, another application was moved for renewal of the certificate of registration by respondent namely Sri Harihar Prasad Tripathi on 23-6-1992. The list of the office bearers submitted along with the said application contained the names of the old office bearers and members as they were in the list of 1988. The Asstt. Registrar having noticed discrepancies in the list of the office-bearers/members, submitted along with two renewal applications one presented by the petitioner on 1-6-1992 and the other presented by Sri Harihar Prasad Tripathi on 23-6-1992, issued a notice to the petitioner calling upon him to adduce evidence in the matter in support of his case. It may be worthy of mention here that in the list of office-bearers submitted by the petitioner, Sri D. N. Shukla and Sri Ram Shukla, were the only two old office bearers, besides the petitioner but both these persons filed affidavits before the Asstt. Registrar on 17-9-1992 refuting constitution of the alleged Committee of Managemen