Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the appellant and learned Standing Counsel.
There is delay in filing this special appeal.
The explanation offerred for condonation of delay is satisfactory.
We hereby condone the delay. Office is to allot regular number to this appeal.
It appears that the Assistant Registrar by letter dated 19th September, 2013 exercising powers under Section 22 of the Society Registration Act called for certain documents with regard to the conduct of affairs of the society. Some more correspondence followed, in response to which appellant has duly responded and furnished documents, as required by the Assistant Registrar.
The impugned order passed by the Assistant Registrar dated 26th December, 2013 proceeds on the premise that certain documents with reference to the letter dated 16.12.2013 were not furnished by the appellant society.
Learned counsel for the appellant contends that all the documents required to be furnished in response to the letter dated 16.12.2013 were duly submitted before the Assistant Registrar, as such, there was no occasion for the Assistant Registrar to have ordered for the audit of the accounts of the society and particularly; when the accounts have already been audited and balance sheet submitted for the purposes of income-tax return which is accepted. This shows that the accounts have properly been maintained. It is also the submission of learned counsel for the appellant that despite furnishing all the documents to the Assistant Registrar, if any further query is made, appellant is prepared to co-operate with any such correspondence.
Further contention of the learned counsel for the appellant is that the charitable society would be liable to incur unnecessary charges for the audit through a private auditor and there is no determination of the fee payable to the auditor which may be viable and acceptable to the appellant.
The matter requires consideration.
Learned Standing Counsel is allowed four weeks time to file counter affidavit explaining specifically as to why audit of the accounts of the society would be necessary in the interest of the society. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.
In the meantime, operation of the impugned order dated 26.2.2014 passed by the learned Single Judge shall remain stayed.
Order Date :- 23.4.2014 M.A.A.
(A. R. Masoodi, J.) (S.K. Singh, J. )