Court No. - 7
Case :- WRIT - C No. - 31798 of 2019 Petitioner :- Jagdish Mall And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Pratap Singh,Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Bhagwan Dutt Pandey, learned counsel for petitioners submits that the proceedings are on foot before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur to examine the validity of 15 new members enrolled in the society. The petitioner no. 1 claims to be a member of the society whereas the petitioner no. 2 claims to be the Secretary of the society.
The only prayer made by Sri Bhagwan Dutt Pandey, learned counsel for the petitioners is that the proceedings to decide the validity of the 15 newly enrolled members may be decided within a stipulated period of time.
Learned Standing Counsel submits that the verification of members has to be done in the procedure prescribed under Section 4(B) of the Societies Registration Act. He, however, fairly submits that the authority is under obligation of law to decide the controversy within a reasonable period of time after affording opportunity of hearing to all concerned parties.
In light of the submissions made by learned counsel for the parties, the matter is remitted to the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur.
A writ of mandamus is issued commanding the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur to execute the following directions:
1. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur shall decide the representation of the petitioners regarding enrollment of 15 new members, which is pending before him within a period of four months from the date of receipt of a certified copy of this order.
2. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur shall afford an opportunity of hearing to all necessary parties including the respondent no. 4 before passing any order in the matter.
3. The controversy shall be decided by a reasoned and a speaking order in accordance with law.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 27.9.2019 Dhananjai