Court No. - 7
Case :- WRIT - C No. - 25016 of 2019 Petitioner :- C/M Bhartiya Adarsh School Siksha Samiti And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner submits that the exercise for determining the valid membership of the society, as contemplated under Section 4-B of the Societies Registration Act, 1860, is engaging attention of respondent no. 3.
The only prayer made by Sri Prabhakar Dwivedi, learned counsel for the petitioner is that the respondent no. 3 may decide the aforesaid proceedings within a stipulated period of time.
The matter is remitted to respondent no. 3, Assistant Registrar, Firms, Societies and Chits, Saharanpur. The respondent no. 3, Assistant Registrar, Firms, Societies and Chits, Saharanpur, shall decide the issue of membership of the society preferably within a period of three months from the date of receipt of a certified copy of this order. The respondent no. 3, shall hear all concerned parties before passing any final orders.
The Assistant Registrar, Firms, Societies and Chits, Saharanpur, shall thereafter ensure that the elections of the society are held as per law.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of.
Order Date :- 30.7.2019 Pravin