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1996 Supreme(All) 3

S.H.A.RAZA
EDUCATIONAL SAHYOGI ASSOCIATION – Appellant
Versus
DEPUTY REGISTRAR FIRMS SOCIETIES AND CHITS FAIZABAD – Respondent


Advocates Appeared:
K.P.Singh, S.K.Mehrotra,

S. H. A. RAZA, J.

Main trust of Sri K. P. Singh, in this writ petition is that the Registrar committed manifest error of law in not referring the matter to the Prescribed Authority to set at rest the disputes regarding the election of the membership of Educational Sahyogi Association Induipur, Tehsil Tanda, District Faizabad.

2. The question as to whether it is incumbent upon the Registrar to refer such disputes to the Prescribed Authority or not, has been considered by a Division Bench of this Court very recently in Committee of Manage ment. Kisan Shiksha Sadan, Bankshi, District Basti v. Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpnr, 1995 (2) UPLBEC 1242, wherein it has been observed :

"section 4 of the Act provides that a list of members of the managing body of a Society shall be filed with the Registrar. That list is maintained by the Registrar for the purpose of performing his administrative functions as a Registrar. Section 25 of the Act provides that whenever any doubt or dispute is raised regard ing the election of members of a managing body of a Society, the Registrar may refer such doubt or dispute to the Prescribed Authority for his decision





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