Court No. - 19
Case :- WRIT - C No. - 19177 of 2018 Petitioner :- C/M Indrasani Devi Balika Vidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Singh,Anand Kumar Pandey Counsel for Respondent :- C.S.C.,Hari Kesh Singh,Sanjay Chaturvedi
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed seeking a mandamus commanding the Assistant Registrar, Firms Societies and Chits, Azamgarh to decide the dispute relating to registration of office bearers of the Managing Committee for the year 2017-18. The further prayer made is for quashing order dated 7.12.2017 passed by District Basic Education Officer, Ballia, by which the fourth respondent has been recognised as valid elected Committee and signature of the Manager has been attested.
Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioners, at the outset, states that he is not challenging the order dated 7.12.2017 as it would depend upon the decision which would be taken by the second respondent on the proceedings initiated by him in pursuance of notice dated 1.11.2017. He submitted that the second respondent, taking notice of the fact that the two rival set of elections have been set up, issued notice to the parties to produce various documents before him. In that context, several dates have also been fixed, but no final order has been passed so far.
Sri H.K. Singh, learned counsel appearing on behalf of respondent no.4 submitted that there was only a dispute relating to renewal of registration certificate, which, according to him, does not survive, as renewal has already been granted on the application of the respondent. He, however, does not dispute that in pursuance of notice issued by respondent no.2, no final decision has been taken in the matter in connection with the registration of list of office bearers for the year 2017-18.
Learned standing counsel states that respondent no. 2 would finalise the proceedings within two months.
After hearing learned counsel for the parties, this Court is of the opinion that once the second respondent has taken notice of the rival claim set up by the parties, he should take the proceedings to its logical conclusion.
It goes without saying that in case there is any bona fide dispute relating to election or continuance in office of the office bearers, the Assistant Registrar would deal with the matter having regard to the provisions of Section 25(1) of the Societies Registration Act, 1860.
The petition stands disposed of by directing the second respondent to take decision in the light of the observations made above, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 28.5.2018 skv