SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(All) 2369

[2007(9) ADJ 262]
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA, J.
SHRI BABU RAM SHIKSHA PRASAR SAMITI (REG. SOCIETY), DIST. ETAH AND ANOTHER .........Petitioners
Versus
DEPUTY REGISTRAR FIRMS, SOCIETIES AND CHITS, REGIONAL OFFICE, AGRA AND OTHERS ...........Respondents
(Civil Misc. Writ Petition No. 33261 of 2006, decided on 14th September, 2007)

Advocates:
Counsel :
Shailendra for the Petitioner; M.D. Singh Shekhar and R.P. Singh for the Respondent.

Headnote:Societies Registration Act, 1860—Sections 25(1), 15, 22, 23 and 24—According renewal of registration of society and accepting list of office bearers of year 2006-07 by Deputy Registrar, Firm, Societies and Chits—Validity of—Held, registration and renewal of registration of society was exclusive domain of Registrar/Assistant Registrar/Deputy Registrar, as the case may be—Deputy Registrar rightly exercised authority vested in him—Hence, petition liable to be dismissed. [Paras 17, 20 and 21]

       

JUDGMENT

Hon’ble V.K. Shukla, J.—Smt. Ram Rati Yadav claiming herself to be as Manager of Sri Babu Ram Shiksha Prasar Samiti, has filed present writ petition questioning the validity of the decision dated 7.6.2006 taken by the Deputy Registrar Firm, Societies and Chits, Regional Office, Agra according renewal of the registration of the society and accepting the list of the office bearers of the year 2006-2007.

2. Brief background of the case is that in the district of Etah there is society known as Sri Babu Purva Madhyamik Vidyalaya Samiti, which had been registered initially on 23.11.1977 as per the provision as contained under Societies Registration Act, 1860. Petitioners submit that last renewal of the society was done on 23.11.1990 by the Managing Committee, wherein one Sonpal Singh was elected as Manager and Netrapal Singh was elected as President and said renewal was for the period of five years starting with effect from 1990-1995. Petitioners have further stated that elections were held on 8.8.1993, wherein Netra Pal Singh was elected as President and Sonpal Singh was elected as Manager. It has been stated that there was no dispute in reference to the election of the Committee of Management and thereafter, fresh elections were held on 8.8.1999 wherein one Netrapal Singh was elected as President and one Sonpal Singh was elected as Manager for the tenure 1999-2002, as tenure of the Managing Committee of the society was three years. It has been stated that one Smt. Kamlesh Yadav was also elected as Deputy Manager in the election. Petitioner No. 2 claims her enrolment as member of General Body on 8.7.2000. Petitioner No. 2 has contended that the said society was renamed as Babu Ram Shiksha Prasar Samiti. Sonpal Singh expired on 10.3.2001. Petitioner No. 2 submits that thereafter Smt. Kamlesh Yadav was given charge till regular election of Manager. It has also been stated that there was theft in the institution and as such entire records were stolen for which first information report was lodged on 11.3.2002. Petitioner No. 2 further claims that casual vacancy of Manager was filled on 25.3.2002, wherein she was elected as Manager. Petitioner No. 2 submits that thereafter, regular elections were held on 8.8.2002 wherein she was elected as Manager, alongwith other office bearers and member. Petitioner has further contended that on 26.7.2004 application was moved for renewal of the registration of society alongwith election proceeding held in the year 1993,1996,1999 and 2002 alongwith income expenditure and other details and thereafter renewal was accorded on papers submitted by her on 2.8.2004. Petitioner has further submitted that fresh elections were held on 21.11.2005 wherein Netra Pal Singh was elected as President and Smt. Ram Rani Yadav, petitioner No. 2 was elected as Manager. Application for renewal of registration alongwith the copy of the election proceeding was moved before the Deputy Registrar Firm, Societies and Chits on 25.11.2005. Petitioner has contended that her signatures were also attested and there are series of document to demonstrate, her recognition as Manager. Petitioner has contended that while matter of renewal was pending, another set of persons also came forward and they also claimed renewal of the registration of the society and papers so submitted by other group of the persons was accepted by the Deputy Registrar Firms, Societies and Chits by according renewal and accepting the list of the office bearers and member on 31.3.2006. Against the said order, petitioner filed Civil Misc. Writ Petition No. 23190 of 2006 and this Court on 27.4.2006 allowed the aforementioned writ petition by quashing the impugned order and Deputy Registrar Firms, Societies and Chits was directed to pass fresh reasoned order after giving opportunity of hearing to the parties concerned. Petitioner No. 2 has contended that thereafter, she represented the matter on 8.5.2006 alongwith copy of the order dated 27.4.2006 for renewal












































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top