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2010 Supreme(All) 2196

F. I. REBELLO, A. P. SAHI
GRAM SHIKSHA SUDHAR SAMITI, JUNIOR HIGH SCHOOL, SIKANDRA, DISTRICT KANPUR DEHAT – Appellant
Versus
REGISTRAR, FIRMS, SOCIETIES AND CHITS, U. P. LUCKNOW – Respondent


Advocates:
Counsel :
Ashok Khare and Kshtresh Chandra Shukla for the Appellants; M.S. Pipersenia, C.S.C. for the Respondents.

JUDGMENT

By the Court.—The appellants herein had approached the Registrar under Section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the Act) for taking on record the names of the office bearers of the Society.

2. According to the appellants, they were duly elected office bearers pursuant to the elections, which were held. The Act has been amended, whereby a proviso has been inserted pursuant to U.P. Act No. 11 of 1984, which came into effect from 30.4.1984. The said proviso reads as under :

“4. .........................

Provided that if the managing body is elected after the last submission of the list, the counter signature of the old members, shall, as far as possible, be obtained on the list. If the old office-bearers do not counter-sign the list, the Registrar may, in his discretion, issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period.”

There is another amendment in the Act by inserting Section 25 by the very same amendment, which also came into force with effect from 30.4.1984. Section 25 (1) of the Act reads as under :

“25. Dispute

















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