Court No. - 39 Case :- WRIT - C No. - 3046 of 2010 Petitioner :- C/M, Gurdwara Shree Guru Nanak Thalee Sahab & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Ved Byas Mishra Respondent Counsel :- C.S.C.,Shitla Sahai Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 12th
January, 2010 passed by the Deputy Registrar, Firms Societies and
Chits, Meerut (hereinafter referred to as the ‘Deputy Registrar’) by
which he has ordered for holding the fresh elections under Section
25(2) of the Societies Registration Act, 1860 (hereinafter referred
to as the ‘Act’).
It is the contention of learned counsel for the petitioners that the
Deputy Registrar was not justified in assuming jurisdiction under
Section 25(2) of the Act as elections of the Committee of
Management had been held on 16th February, 2009 and the list of
office bearers had been registered by the Deputy Registrar. He,
therefore, submits that the order passed by the Deputy Registrar
for holding the fresh elections deserves to be set aside.
The matter requires examination.
Learned Standing Counsel appears for respondent Nos. 1 and 2.
Sri Shitla Sahai appears for respondent Nos. 3, 4 and 5. They pray
for and are granted four weeks’ time to file the counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks’.
List this petition for admission/hearing on 5th March, 2010.
Till the next date of listing the operation of the impugned order
dated 12th January, 2010 shall remain stayed.
Order Date :- 27.1.2010
NSC