Court No. - 19
Case :- WRIT - C No. - 14089 of 2018 Petitioner :- C/M A.B. Hindu High School And Another Respondent :- Deputy Registrar And 2 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.,Akanksha Sharma,Siddharth Singhal, Sidharth Singhal,A/S1283
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners and Sri Siddharth Singhal learned counsel appearing on behalf of respondent no.2.
By impugned order dated 13 March 2018, the Deputy Registrar, Firms Societies and Chits, Agra has rejected the prayer made by the petitioners for renewal of the registration of the Society (A.B. Hindu High School Managing Committee, Koshikala, Mathura), while on the other hand, it has been observed that renewal of the registration certificate and registration of the list of general body would be done on basis of documents submitted by respondent no.2.
The petitioners claim that they are lawfully elected Committee of Management of the Society on the basis of election held on 8.8.2015. It is submitted that an application seeking renewal of registration of the society, alongwith the election proceedings dated 8.8.2015 as well as the audited balance sheets of the last three years and other documents were duly filed before the first respondent. However, without according consideration to the case set up by the petitioners, the Deputy Registrar has issued direction for granting renewal on the basis of alleged election dated 19.5.2017 set up by respondent no.2. According to the petitioners, the elections dated 19.5.2017 were the elections of the Committee of Management of the institution which is run by the Society in accordance with the approved Scheme of Administration. His submission is that the Society is run by a separate managing committee constituted in accordance with the bye-laws of the society and therefore, the impugned direction is wholly illegal.
On the other hand, Sri Siddharth Singhal, learned counsel appearing on behalf of respondent no.2 submitted that the managing committee of the Society and the institution are one and the same and therefore, direction has rightly been issued by the Deputy Registrar permitting the Committee of Management of the institution to undertake proceedings for renewal of the registration certificate.
A perusal of the impugned order reveals that although the contention of respondent no.2 that the Committee of Management of the institution and the Society are the same, has been duly noted in the impugned order, but it has not been dealt with. There is no finding in the impugned order that the managing committee of both the institution and the Society are one and the same.
Sri Siddharth Singhal, therefore, very fairly suggested that the matter be remitted to the first respondent for according consideration to the said aspect of the matter.
Accordingly, the impugned order dated 13 March 2018, is quashed. The matter is remitted back to the Deputy Registrar, Firms Societies and Chits, Agra to pass fresh order after hearing both the parties, within a period of three months from the date of production of a certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 25.4.2018 skv