Court No. - 39 Case :- WRIT - C No. - 42954 of 2010 Petitioner :- C/M Frog E Urdu Society Thr M. Yaqoob And Anr. Respondent :- Prescribed Authority/Sdm Mohammadabad And Others Petitioner Counsel :- Radha Kant Ojha Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 9th
April, 2010 by which the Assistant Registrar, Firms, Societies and
Chits, Varanasi Region, Varanasi (hereinafter referred to as the
‘Assistant Registrar’) has registered the list of office bearers and
members of the Committee of Management of the Society with
Shakeel Ahmed as the Secretary/Manager.
It is the contention of Sri R.K. Ojha, learned counsel for the
petitioners that the petitioners had also submitted a list of office
bearers and members of the Committee of Management of the
Society on 29th March, 2010 on the basis of the elections held on
26th March, 2010 but without taking into consideration the said
papers, the Assistant Registrar has registered the list of office
bearers and members of the respondent-Committee of
Management of the Society. It is also his submission that
respondent No.3-Shakeel Ahmed had forged the signatures of the
erstwhile office bearers and members of the Committee of
Management of the Society while submitting papers regarding his
election.
The records of the writ petition indicate that for the grievance
raised in the present petition, the petitioners have approached the
Assistant Registrar by means of a communication dated 12th June,
2010. Learned counsel for the petitioners, however, states that the
petitioners shall also file fresh detailed objections with supporting
documents before the Assistant Registrar and the same may be
ordered to be decided expeditiously.
Learned Standing Counsel appears for respondent Nos. 1 and 2. In
view of the order that I propose to pass it is not necessary to issue
notice respondent No.3. Learned Standing Counsel states that an
appropriate order shall be passed by the Assistant Registrar after
examining the documents and after hearing respondent No.3.
In view of the aforesaid, this petition is disposed of with liberty to
the petitioners to file an appropriate application before the
Assistant Registrar and in case such an application is filed, the
Assistant Registrar shall make all endeavours to decide the same
after hearing the parties concerned including respondent No.3
expeditiously, preferably within a period of two months from the
date a certified copy of this order is filed by the petitioners. The
order impugned in the present petition shall abide by the orders to
be passed by the Assistant Registrar.
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 :- 26.7.2010
SK