The petitioners are challenging the order dated 23.12.2011 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur by which he has rejected the claim of 70 life members and accordingly also rejected the election held by the petitioners on 18.4.2010 by the members including 70 new members mainly on the ground that as per the bye-laws new membership should be approved by the committee of management.
The contention of the petitioners is that the committee of management by the resolution dated 1.7.2007 has admitted 70 new members and this fact has been brought to the notice of the Assistant Registrar, Firms, Societies and Chits, Gorakhpur by filing affidavit dated 6.7.2011 by Sri Virendra Pratap Rao but the same has not been considered. The resolution of the meeting held on 1.7.2010 is Annexure-2 to the writ petition, and there is a reference of the said meeting in the impugned order.
The matter requires consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 to 3. Issue notice to respondent no. 4. The petitioners may serve the respondent no. 4 by registered post as well as by dasti summon. All the respondents may file counter affidavit within three weeks. Rejoinder affidavit may be filed within one week thereafter.
List in the week commencing 6.2.2012.
Till the next date of listing, the operation of the order dated 23.12.2011 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, Annexure-9 to the writ petition, shall remain stayed.
Order Date :- 5.1.2012 OP