IMPORTANT POINT
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.

JUDGMENT :

1. Heard Sri Gajendra Pratap, learned Senior Advocate assisted by Sri S.P. Srivastava for the appellants-petitioners, who are eight in number, Sri Rajiv Singh, learned Standing Counsel for the respondent Nos. 1 and 2 and Sri Gautam Baghel, learned counsel for the respondent No. 3.

2. A joint statement has been made by the learned counsel for the parties that the appeal be decided at the admission stage itself as they do not propose to file any further affidavits thus, the appeal is being decided at the admission stage.

3. This intra Court appeal is against the judgment and the order dated 19.10.2023 passed in Writ-C No. 24615 of 2023, Committee of Management, Chandrawati Shikshan Sansthan and others v. State of U.P. and others, whereby the writ petition preferred by the appellants-petitioners questioning the order order dated 17.6.2023 of the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, second respondent, (In short “Assistant Registrar”) was dismissed.

4. The case of the appellants-petitioners before the learned Single Judge was that there is a Society registered under the Societies Registration Act, 1860 (In short 'the Act, 1860') by the name of Chandrawati Shikshan Sansthan. The said Society is governed by approved bye laws. It is further the case of the appellants-petitioners that as per the bye laws of the Society, the affairs of the Society are managed by the Committee of Management whose term is five years. The renewal of the said Society was done on 14.5.2008 for a period from 26.9.2007 till 25.9.2012, on 6.3.2013 for 26.9.2012 to 25.9.2017 and lastly on 27.8.2018 for the period commencing from 26.9.2017 for five years.

5. As per the case set up by the appellants-petitioners the total number of the members of the general body is eleven, comprising of five office bearers and six ordinary members. Records reveal that on 26.7.2018 a list of the office bearers was submitted wherein one Sri Om Prakash (since deceased) was shown to be the Manager of the Society whereas Sri Faurang Ram (Since deceased) as the President. Though the term of the Society was five years, however, in between on 10.1.2021, Sri Faurang Ram, the President of the Society expired followed by Sri Om Prakash Singh, Manager on 14.3.2021.

6. It is claimed that on 4.10.2020 the meeting of the general body was convened for enrolling new members. A news publication to the said effect was made on 18.10.2020 in newspaper 'Devvrat' requiring the desirous members to deposit membership fees by 1.11.2010 fixing 10.11.2020 as the date of meeting of general body.

7. According to the appellants-petitioners, a meeting of the general body was also convened on 6.8.2021 for filling up the casual vacancy which had arisen on account of death of Sri Om Prakash Singh, who was the Manager of the Society, followed by another meeting convened on 8.2.2021 for filling up the casual vacancy on account of the death of the President, Sri Faurang Ram. It is also the case of the appellants-petitioners that in the said meeting, it was resolved after much deliberation that the appellant-petitioner No. 2 is elected as the Manager of the Society in question whereas Smt. Lata Singh, fourth respondent as President. The appellants-petitioners claim that on 20.4.2022 papers pertaining to the said proceedings were submitted before Assistant Registrar for registration of the list of the office bearers of the year 2022-23. The said list is stated to have been registered by the Assistant Registrar on 30.4.2022.

8. The appellants-petitioners allege that though the list of the office bearers for the year 2022-23 of the Society was registered under Section 4(1) of the Act, 1860 on 30.4.2022 but the fourth respondent for the reasons other than bona fide, preferred an application dated 30.6.2022 annexing therewith various documents setting up a rival claim alleging that on 10.3.2019 a meeting was convened of the general body wherein Smt. Lata Singh wife of the erstwhile