Court No. - 39 Case :- WRIT - C No. - 957 of 2010 Petitioner :- Shiksha Prasarani Samiti & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- P.C. Pathak,G.K. Singh Respondent Counsel :- C.S.C.,Santosh Kr. Singh Hon'ble Dilip Gupta,J.
The sole grievance raised by Sri G.K. Singh, learned counsel
appearing for the petitioners is that the objections filed by the
petitioners before the Assistant Registrar, Firms, Societies and
Chits, Varanasi Region, Varanasi (hereinafter referred to as the
‘Assistant Registrar’) regarding the elections held on 18th
November, 2009 may be taken into consideration while passing
the order under Section 4 of the Societies Registration Act, 1860
(hereinafter referred to as the ‘Act’).
Learned Standing Counsel appears for respondent Nos. 1 to 3
while Sri Sanjay Kumar Singh appears for respondent No. 5. In
view of the order that I proposed to pass it is not necessary to issue
notice to respondent No.4.
The petitioners have raised objections before the Assistant
Registrar regarding the elections held on 18th November, 2009.
Sri Sanjay Kumar Singh appearing for respondent No. 5 states that
he has no objection if the Assistant Registrar takes into
consideration the objections filed by the petitioners before passing
the order under Section 4 of the Act provided opportunity is
granted to respondent No.5 to file a reply to such objection.
In view of the aforesaid, this petition is disposed of with a
direction to the Assistant Registrar to also examine the objections
filed by the petitioners, after giving opportunity to the parties
concerned, in the order that he may pass under Section 4 of the
Act.
It is made clear that the Court has not adjudicated upon the merits
of the case which shall be examined by the Assistant Registrar in
accordance with law.
Order Date :- 11.1.2010
SK