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The Authority's decisions are binding and require adherence to statutory procedures; courts have held that its adjudicatory role is quasi-judicial, and it cannot enlarge its jurisdiction or act beyond statutory limits ["Arya Kanya Pathshala Samiti VS State Of U. P. - Allahabad"], ["Maulana Abdul Kalam Azad Educational Society VS State of Uttar Pradesh - Allahabad"].
Analysis and Conclusion: The prescribed authority under Section 25 of the Societies Registration Act, 1860, functions as a quasi-judicial body tasked with adjudicating disputes related to elections and management of societies. Its decisions are akin to judicial orders, requiring impartiality, adherence to statutory procedures, and respect for the rights of parties involved. Courts have consistently affirmed its quasi-judicial nature, emphasizing that it cannot exceed its statutory jurisdiction or act arbitrarily. Therefore, the prescribed authority embodies a quasi-judicial role essential for fair dispute resolution in society management matters.
Managing disputes in registered societies, especially around elections, can be tricky. What happens when office-bearers' elections are contested? Enter the Prescribed Authority under Section 25 of the Societies Registration Act, 1860—a key player with quasi-judicial powers. This post breaks down its definition, jurisdiction, and real-world application, drawing from case law to help society members navigate these issues effectively.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
The Prescribed Authority is defined in the explanation to Sub-section (3) of Section 25 of the Societies Registration Act, 1860. It refers to an officer or court authorized by the State Government to handle disputes related to elections or the continuance in office of office-bearers in a society. Most Rev. John Augustine Inre 406 M/S 2015 VS Christ Church Mcconaghy School Society Lucknow - AllahabadMost Rev. John Augustine Inre 406 M/S 2015 VS Christ Church Mcconaghy School Society Lucknow - Allahabad
This authority operates in a quasi-judicial capacity, meaning it can make binding determinations affecting parties' rights, much like a court but within a statutory framework. Committee of Management, the Chowdhury Chotu Ram Post Graduate Degree VS Deputy Registrar, Firms, Societies and Chits, Sub Divisional Officer, prescribed - Allahabad Courts have emphasized that it must follow principles of natural justice, including fair hearings and due process.
Quasi-judicial bodies blend administrative and judicial functions. Here, the Prescribed Authority decides election disputes summarily but with legal weight—its orders are enforceable until challenged and overturned by a civil court. Committee of Management, the Chowdhury Chotu Ram Post Graduate Degree VS Deputy Registrar, Firms, Societies and Chits, Sub Divisional Officer, prescribed - Allahabad
Section 25(1) mandates that disputes on elections or office-bearers' continuance must be referred to the Prescribed Authority. Jurisdiction kicks in only under two conditions:- A reference by the Registrar.- A reference by at least one-fourth of the society's members. COMMITTEE OF MANAGEMENT, DWAPAR VIDYAPEETH PARISHAD VS STATE OF U. P. - AllahabadCOMMITTEE OF MANAGEMENT, KSHETRIY SHRI GANDHI AASHRAM MAGHAR VS PRESCRIBED AUTHORITY/S. D. M. KHALILABAD - Allahabad
Importantly, the Assistant Registrar lacks jurisdiction over these disputes and must refer them to the Prescribed Authority. COMMITTEE OF MANAGEMENT, ANJUMAN KHERUL ALMIN VS STATE OF U. P. - AllahabadCOMMITTEE OF MANAGEMENT SHLKSHA SANSTHAN SAMLTI MAU VS ASSTT REGISTRAR FIRMS SOCIETY - Allahabad For instance, in a case involving the Jairajpur Muslim Educational Society, the court ruled that the Assistant Registrar could reject election claims for insufficient documentation but must refer bona fide disputes to the Prescribed Authority if they exist, after examining membership under Section 4-B. Jairajpur Muslim Educational Society VS Assistant Registrar Firms, Societies And Chits - 2024 Supreme(All) 1070
The Registrar's role is preliminary: it verifies if a bona fide dispute exists before referring. It cannot decide the election indirectly under other powers. COMMITTEE OF MANAGEMENT, ANJUMAN MADARSA ZEENATUL ISLAM, AMRODHA, TEHSIL BHOGANIPUR, DISTRICT KANPUR DEHAT THROUGH ITS MANAGER/SECRETARY, IQBAL AHMAD NOORI SON OF MUNNA VS STATE OF U. P. - 2010 Supreme(All) 1443
Courts have clarified the boundaries repeatedly:- Limited Jurisdiction: The Prescribed Authority is an authority with limited jurisdiction bound within the four corners of the dispute referred under Section 25. It cannot adjudicate unreferred claims, like an old 1997 election not properly contested. LAXMAN YADAV VS STATE OF U. P. - 2017 Supreme(All) 403- No Power Over Electoral College Veracity: It lacks authority to certify unverified electoral colleges; reliance on uncertified lists is invalid. References must be signed by all one-fourth members, not just two. COMMITTEE OF MANAGEMET, GRAMYA VIKAS UCHATTAR MADHYAMIK VIDYALAYA SAMITTEE, KHUTHAN VS STATE OF U. P. - 2012 Supreme(All) 2135- Committee's Election Powers: Under Sections 25(2) and 25(3), the society's committee retains power to convene elections until the Registrar assumes jurisdiction and orders otherwise. Pratibha Shikshan Samiti Thru Manager Shri Indra Kumar VS State Of U. P. Thru Prin. Secy. Deptt. Of Finance And Audit - 2023 Supreme(All) 629- Challenges to Decisions: Decisions can be contested in civil courts, but parallel suits during proceedings under Section 25(1) are discouraged—exhaust the statutory remedy first. COMMITTEE OF MANAGEMENT, SRI MANAS SHIKSHA PRASAR SAMITI VS STATE OF U. P. - 2011 Supreme(All) 1973
In another ruling, the Deputy Registrar's approval of one election over another without referring to the Prescribed Authority violated procedure, leading to remand for proper inquiry. COMMITTEE OF MANAGEMENT, ANJUMAN MADARSA ZEENATUL ISLAM, AMRODHA, TEHSIL BHOGANIPUR, DISTRICT KANPUR DEHAT THROUGH ITS MANAGER/SECRETARY, IQBAL AHMAD NOORI SON OF MUNNA VS STATE OF U. P. - 2010 Supreme(All) 1443
Being quasi-judicial imposes duties:- Due Process: Fair hearings, evidence consideration, and reasoned orders.- Binding Effect: Orders hold until judicially set aside. Committee of Management, the Chowdhury Chotu Ram Post Graduate Degree VS Deputy Registrar, Firms, Societies and Chits, Sub Divisional Officer, prescribed - AllahabadGRAM SHIKSHA SUDHAR SAMITI, JUNIOR HIGH SCHOOL, SIKANDRA, DISTRICT KANPUR DEHAT VS REGISTRAR, FIRMS, SOCIETIES AND CHITS, U. P. LUCKNOW - Allahabad- No Interim Appeals Easily: Special appeals against interim stays in writs challenging Prescribed Authority orders are often not maintainable, treating it as a tribunal. Committee of Management vs State of U.P. - 2025 Supreme(All) 3031
This setup ensures quick resolution for societies while protecting rights through higher courts.
Membership lists are crucial—Section 25(2) elections follow Section 4-B verification. Tentative lists ignoring rival claims are unlawful. Jairajpur Muslim Educational Society VS Assistant Registrar Firms, Societies And Chits - 2024 Supreme(All) 1070
Unlike pure administrative roles (e.g., stamp duty assessment under Registration Act), the Prescribed Authority's discretion is strictly statutory. CR DAHIYA @ CHHAJU RAM DAHIYA vs UT OF CHANDIGARH - 2025 Supreme(Online)(P&H) 2301
The Prescribed Authority under Section 25 is a quasi-judicial bulwark for society election stability. Its role prevents Registrar overreach, ensures fair play, and streamlines resolutions. While binding, its decisions invite scrutiny—always document thoroughly.
Understanding this framework empowers society members to act decisively. For tailored guidance, seek professional legal counsel.
References: Most Rev. John Augustine Inre 406 M/S 2015 VS Christ Church Mcconaghy School Society Lucknow - AllahabadMost Rev. John Augustine Inre 406 M/S 2015 VS Christ Church Mcconaghy School Society Lucknow - AllahabadCommittee of Management, the Chowdhury Chotu Ram Post Graduate Degree VS Deputy Registrar, Firms, Societies and Chits, Sub Divisional Officer, prescribed - AllahabadCOMMITTEE OF MANAGEMENT, ANJUMAN KHERUL ALMIN VS STATE OF U. P. - AllahabadCOMMITTEE OF MANAGEMENT SHLKSHA SANSTHAN SAMLTI MAU VS ASSTT REGISTRAR FIRMS SOCIETY - AllahabadCOMMITTEE OF MANAGEMENT, DWAPAR VIDYAPEETH PARISHAD VS STATE OF U. P. - AllahabadCOMMITTEE OF MANAGEMENT, KSHETRIY SHRI GANDHI AASHRAM MAGHAR VS PRESCRIBED AUTHORITY/S. D. M. KHALILABAD - AllahabadGRAM SHIKSHA SUDHAR SAMITI, JUNIOR HIGH SCHOOL, SIKANDRA, DISTRICT KANPUR DEHAT VS REGISTRAR, FIRMS, SOCIETIES AND CHITS, U. P. LUCKNOW - AllahabadJairajpur Muslim Educational Society VS Assistant Registrar Firms, Societies And Chits - 2024 Supreme(All) 1070Pratibha Shikshan Samiti Thru Manager Shri Indra Kumar VS State Of U. P. Thru Prin. Secy. Deptt. Of Finance And Audit - 2023 Supreme(All) 629Committee of Management vs State of U.P. - 2025 Supreme(All) 3031LAXMAN YADAV VS STATE OF U. P. - 2017 Supreme(All) 403COMMITTEE OF MANAGEMET, GRAMYA VIKAS UCHATTAR MADHYAMIK VIDYALAYA SAMITTEE, KHUTHAN VS STATE OF U. P. - 2012 Supreme(All) 2135COMMITTEE OF MANAGEMENT, SRI MANAS SHIKSHA PRASAR SAMITI VS STATE OF U. P. - 2011 Supreme(All) 1973COMMITTEE OF MANAGEMENT, ANJUMAN MADARSA ZEENATUL ISLAM, AMRODHA, TEHSIL BHOGANIPUR, DISTRICT KANPUR DEHAT THROUGH ITS MANAGER/SECRETARY, IQBAL AHMAD NOORI SON OF MUNNA VS STATE OF U. P. - 2010 Supreme(All) 1443
#PrescribedAuthority, #SocietiesAct, #QuasiJudicial
Any disputes regarding elections must be referred to the prescribed authority as per Section 25(1). ... The Assistant Registrar acted under Section 25(2) of the Societies Registration Act, 1860, claiming the committee was time-barred ... The court emphasized that the Assistant Registrar should have referred the matter to the prescribed authority under Section 25(1) ... the elections of t....
SOCIETIES REGISTRATION - Elections and Management of Societies - Section 25(1), Section 25(2) of the Societies ... Registration Act, 1860 - The court discussed the provisions of Section 25(1) and Section 25(2) of the Societies Registration Act ... The court emphasized that the statutory remedy of appeal under Section 25#HL_E....
contained in Section 8(2) of PMLA, undoubtedly performs quasi-judicial function. ... The legal principles laying down when an act of a statutory authority would be a quasi-judicial act, which emerge from the aforestated decisions are these: Where (a) a statutory authority empowered under a statute to do any act (b....
contained in Section 8(2) of PMLA, undoubtedly performs quasi-judicial function. ... The legal principles laying down when an act of a statutory authority would be a quasi-judicial act, which emerge from the aforestated decisions are these: Where (a) a statutory authority empowered under a statute to do any act (b) w....
25(2). ... 25(1) if a bona fide dispute exists. ... 25(2) must follow a proper examination of membership lists under Section 4-B. ... Section 25 of the Act provides that whenever any doubt or dispute is raised regarding the election of members of a managing body of a Society, the Registrar may refer such doubt or dispute to the Prescribed Aut....
25(2) and Section 25(3) of Act power of Committee of Management to convene a meeting for purpose of holding an election gets eclipsed ... only when Registrar has assumed jurisdiction and has taken steps to convene a meeting Section 25(2) of Act - Court make it further ... clear that so long as an order for convening a meeting and for holding an election is not passed by Registrar Section....
Since there were two rival claims in respect of elections of the Committee of Management of Manav Vikas Shiksha Samiti, the Deputy Registrar, Kanpur Nagar referred the matter for decision to Prescribed Authority/Sub Divisional Magistrate, Sadar, Kanpur Nagar under Section 25(1) of the Societies Registration ... and direction has been issued to the Deputy Registrar, Firms Societies and Chits, Kanpur Nagar ....
Section 25 (1) of the Societies Registration Act, 1860 ('the Act'). ... Authority under Section 25 (1) of the Societies Registration Act is legally not maintainable.” ... Undisputed facts are that the respondents no. 3, 4 and 5 have questioned the validity of the order passed by the Prescribed #HL_S....
Societies Registration Act-1860 - Dispute over elections - Section 25(1) - Sections 31 and 34 of the Specific Relief Act, 1963 ... The court directed the Assistant Registrar to make a reference to the Prescribed Authority under Section 25(1) of the Act, 1860, ... The Assistant Registrar declined to make a reference to the Prescribed Authority under Section 25(1) of the Societies Registra....
This Court cannot adjudicate the quasi-judicial discretion of the registering authority. Therefore, this petition is a premature motion. 24. ... Section 34 of The Registration Act sets out the procedure for registration of a document. ... Furthermore, since the function of the Registrar/Sub-Registrar to evaluate the duty chargeable on market value, as set forth in such....
The State Government by means of notification published in the Official Gazette dated 28.8.1975 has authorized the Sub Divisional Officers within their respective jurisdictions to act as ‘’Prescribed Authority’. Such statutory authority is empowered to exercise his jurisdiction only in accordance with the provisions contained in the Act or the Legislation which confers such jurisdiction. The Prescribed Authority is, thus, a creation of the Societies Registration Act for the purposes ....
As has been held by this Hon’ble Court in 2007 (3) AWC 3066, para 17 which is quoted herein below : “It is needless to emphasize that the Prescribed Authority under Section 25 (1) of the Societies Registration Act is an authority with limited jurisdiction bound within the four corners of the dispute referred under Section 25 of the Societies Registration Act. Independent of reference, it has no jurisdiction to travel into a dispute not referred to him or to adjudicate upon it....
In order to appreciate this controversy, what is the role and power of the Registrar and the Prescribed Authority under the societies Registration Act is required to be considered. Section 25(1) of the Act confers powers and jurisdiction on the Prescribed Authority under the Societies Registration Act. He, on a reference made to him by the registrar or by at least 1/4th members of the society, is empowered to hear and decide in a summary manner: (i) any dispute in respect of ....
7. Apart from approaching the Prescribed Authority under Section 25(1) of Societies Registration Act, respondent Nos. 5 and 6 also filed O.S. No. 1624 of 2009 which is pending before Civil Judge (Junior Division) Mau. After approaching the Prescribed Authority what was the need to file the suit has been disclosed in para 29 of the counter-affidavit which is quoted below :
He cannot decide a doubt about an election or an election dispute or about continuance of an office bearer in a society. The Registrar cannot under the garb of exercising other powers, decide the aforesaid dispute indirectly. The prescribed authority decides it under Section 25(1) of the Societies Registration Act.
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