This petition seeks a direction upon the Commissioner, Bareilly Division Bareilly in his capacity as ex-officio President of the Board of Control, Bareilly College, Bareilly, as well as upon respondent No.2 Assistant Registrar, Firms Societies and Chits, Bareilly Region Bareilly (hereinafter referred to as the 'Assistant Registrar') to convene a meeting of the members of the Board as per the Rules and hold the elections of the office bearers of the Society and the Committee of Management of the Institution.
The averments made in the writ petition indicate that the Board of Control of Bareilly College, Bareilly is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). According to the petitioner, the last meeting of the Society was held on 28th December, 2005.
It is the contention of Ms. Manisha Ambwani, learned counsel for the petitioner that for a considerable period of time meetings of the Society have not been convened. She has further stated that the Assistant Registrar should now hold the elections under Section 25(2) of the Act expeditiously.
A counter affidavit has been filed on behalf of the Assistant Registrar and in paragraph-4 of the counter affidavit it has been stated that the Assistant Registrar is proceeding to hold the elections under Section 25(2) of the Act so that the office bearers of the Society are elected since the election of the office bearers of the Society had not been held within the time specified in the Rules of the Society. It has also been stated that the list of members of the General Body of the Society has been approved and the elections will take place soon. This affidavit was sworn on 28th August, 2009.
It is expected that the Assistant Registrar will proceed to hold the elections expeditiously.
The writ petition is, accordingly, disposed of with a direction to the Assistant Registrar to ensure that the elections of the office bearers of the Society is held expeditiously, preferably within a period of four months' from the date a certified copy of this order is filed by the petitioner before the Assistant Registrar.
Order Date :- 28.1.2010 NSC