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KSHITIJ SHAILENDRA
Chandrawati Shikshan Sanstahan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Gajendra Pratap, learned Senior Counsel assisted by Shri S.P. Srivastava, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Shri Gautam Baghel for respondent no.3.
PREVIOUS PROCEEDINGS IN THIS CASE
2. This Court, after hearing learned counsel for both the sides, passed following order on 03.10.2023:-
2. Before hearing of this case commenced, Shri Gautam Baghel, learned counsel representing the respondent no.3 has placed before this Court, a copy of the order dated 14.09.2023 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, which is taken on record.
3. Shri Gajendra Pratap, learned Senior Counsel was asked as to whether he proposes to challenge the said order or not, he submitted that since the subsequent order is a consequential order, in case the order impugned dated 17.06.2023 is found to be without jurisdiction and is set aside or stayed, the subsequent order would automatically stand nullified and, therefore, he does not propose to challenge the order dated 14.09.2023. With this submission, he proceeded to argue the matter
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The Assistant Registrar has the authority to reject election claims based on insufficient documentation, but must first resolve membership disputes under Section 4-B before conducting elections under....
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
The court established that disputes regarding the election of office-bearers in societies must be resolved through the prescribed statutory mechanisms, and that prior judicial determinations do not p....
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