Court No. - 19
Case :- WRIT - C No. - 36128 of 2018 Petitioner :- C/M Navjeevan Shiksha Sabha Papaura And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Narayan Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed for issuance of a mandamus commanding the Assistant Registrar, Firm, Societies and Chits, Varanasi to decide preliminary objection dated 26.05.2018 filed by the petitioners with regard to maintainability of compliant of respondent No. 3 dated 14.07.2017.
Respondent No. 3, who has filed the above complaint, had disputed the election proceedings dated 06.12.2015 relating to election of Committee of Management of a registered society. He has also prayed for holding fresh election by the Registrar in exercise of power under Section 25(2) of the Societies Registration Act, 1860.
Counsel for the petitioners submitted that respondent No. 3 is a stranger and after receipt of notice from the Assistant Registrar requiring the petitioners to submit their comments in reference to the compliant filed by respondent No. 3, the petitioners have specifically raised this plea. It is urged that the objection filed by the petitioner disputing the membership of respondent No. 3 is still pending before the Assistant Registrar. Therefore, he be directed to decide the same as a preliminary objection.
After some argument, counsel for the petitioners conceding that no such procedure is contemplated while deciding a compliant, submitted that a direction be issued to the Assistant Registrar to decide the compliant after considering the objection dated 26.05.2018.
Accordingly, the writ petition is disposed of by directing respondent No.2 to decide the compliant filed by respondent No. 3 by means of a speaking order after considering the objection filed by the petitioners, including the issue relating to locus of respondent No. 3 to maintain a compliant. The decision shall be taken expeditiously, preferably within a period of 12 weeks from the date of receipt of certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 30.10.2018 Darpan Sharma