Court No. - 7
Case :- WRIT - C No. - 31742 of 2019 Petitioner :- C/M Baba Gaya Das Technical Higher Secondary School Society And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Narendra Kumar Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner claims that the elections of the Committee of Management of the society, registered under the name and style of "Baba Gaya Das Technical Higher Secondary School Society Barhaj, Deoria" were held under Section 25(2) of the Societies Registration Act on 24.02.2019, under orders of the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.
Sri Narendra Kumar Chaturvedi, learned counsel for the petitioners submits that the Committee of Management of the society elected in the said elections conducted on 24.02.2019 has not been registered under Section 4 of the Societies Registration Act. The petitioners have made a representation in this regard.
The only prayer made by Sri Narendra Kumar Chaturvedi, learned counsel for the petitioners is that the representation may be decided within a stipulated period of time.
Learned Standing Counsel contends that the registration of the order, under Section 4 of the Societies Registration Act requires verification of facts by the competent authority. He, however, fairly submits that the competent authority is under obligation of law to decide the same within a reasonable period of time.
In light of the submissions of the parties, the matter is remitted to the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.
A writ of mandamus is issued commanding the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur to execute the following directions:
1. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur shall decide the application of the petitioners under Section 4 of the Societies Registration Act for registration of the list of Committee of Management elected in the elections conducted on 24.02.2019, by a reasoned and a speaking order in accordance with law within a period of six weeks from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
2. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur shall hear all concerned necessary parties before passing any order in the matter.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 27.9.2019 Dhananjai