Learned standing counsel has accepted notice on behalf of respondents. He prays for and is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of the petitioners that the list of office bearers has been accepted by the Assistant Registrar, firms, Societies and Chits, and thereafter against the acceptance of the aforementioned list, reference has been made before the Prescribed Authority under Section 25 (1) of the Societies Registration Act 1860. Contention of the petitioners is that till date said reference has not at all been decided, and the election, on the basis of which the petitioners have been continuing, till date has not been reversed by any authority. Petitioners have come up with specific case that in the reference so made, issue of maintainability of reference has also been raised, but the said issue still remains unanswered. Petitioners have contended that during pendency of reference at all point of time they have been in effective control of the institution and the salary to the staff was being disbursed under their signatures. The petitioners have further proceeded to contend that on account of pendency of reference since November, 2011 after the salary bill had been submitted, papers are lying with the Prescribed Authority. Petitioners have proceeded to mention that thereafter some reference was made to the State Government that there is dispute qua the validity of the Managing Committee, and based on the said reference, the State Government has passed order of single operation. Petitioners submit that on mere making reference under Section 25 (1) of the Societies Registration Act, 1860, without providing opportunity of hearing, no such order of single operation could have been passed.
Prima facie, the argument advanced appears to have some substance and requires consideration by this Court, in view of this till the next date of listing operation of the order dated 19.03.2012 is directed to be kept in abeyance.
District Minority Welfare Officer, Kushinagar is directed return back the papers to the petitioners and the petitioners are directed to submit salary bills of the teaching and non-teaching staff of the institution, who were being paid salary without there being any default on their part.
It is made clear that pendency of this writ petition will not preclude the Prescribed Authority from deciding the reference made to it under Section 25 (1) of the Societies Registration Act, 1860.
Order Date :- 6.4.2012 SRY