Court No. - 39 Case :- WRIT - C No. - 66154 of 2009 Petitioner :- C/M, Shree Jan Sehyogi Madhyamik Vidyalaya & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Yogish Kr. Saxena Respondent Counsel :- C.S.C.,T.D. Verma Hon'ble Dilip Gupta,J.
The Committee of Management of Shree Jan Sehyogi Madhyamik
Vidyalay, Auron (Yaqoobpur) Auraiya (hereinafter referred to as
the ‘Society’) and Sri Raj Kumar Singh claiming himself to be the
Secretary/Manager have filed this petition for setting aside the
order dated 27th October, 2009 passed by the Deputy Registrar,
Firms Societies and Chits, Kanpur (hereinafter referred to as the
‘Deputy Registrar’).
It is stated in the petition that on the expiry of the term of the
Committee of Management of the Society, fresh elections were
held on 24th February, 2008 in which the petitioner No. 2 was
elected as the Manager and papers were sent to the Deputy
Registrar on 9th September, 2008 for enrollment of the office
bearers of the Committee of Management of the Society under
Section 4 of the Societies Registration Act, 1860 (hereinafter
referred to as the ‘Act’). It is also stated that one Raj Kumar Singh
had also filed objections against the election held on 24th
February, 2008.
The Deputy Registrar issued notice dated 25th August, 2009 to the
petitioner and Raj Kumar Singh for filing documents and fixed
10th September, 2009 for hearing. The petitioner submitted an
application seeking adjournment as he had fallen ill. The Deputy
Registrar passed the order dated 27th October, 2009 rejecting the
complaint observing that despite time having been granted to the
parties, they did not produce evidence.
Sri Yogish Kumar Saxena, learned counsel appearing for the
petitioners submitted that the petitioner had not filed any
complaint and in fact had submitted the papers relating to the
election held on 24th February, 2008 in which he was elected as
the Manager. He further submitted that the Deputy Registrar failed
to take into consideration the fact that the petitioner had sought
adjournment on the ground of illness.
Learned Standing Counsel appearing for respondent Nos. 1 and 2
states that it may not be necessary to file any counter affidavit and
the petition may be disposed of at this stage.
From the records of the writ petition it transpires that the
petitioner-Committee of Management had submitted the papers on
9th September, 2008 before the Deputy Registrar regarding the
election held on 24th February, 2008. The Deputy Registrar was
required to examine the papers as to whether the office bearers
could be registered under Section 4 of the Act but that has not been
done. The Deputy Registrar completely failed to appreciate that
the complaint had been filed by Raj Kumar Singh and not the
petitioner.
In such circumstances, it is not possible to sustain the order dated
27th October, 2009 passed by the Deputy Registrar. It is,
accordingly, set aside. The Deputy Registrar shall now pass a fresh
order expeditiously, after hearing the parties concerned.
The petition is allowed to the extent indicated above.
Order Date :- 5.1.2010
NSC