Heard Sri Vinod Sinha, learned counsel for the petitioners, Sri Bheem Singh, learned counsel appearing on behalf of respondent no. 4 and learned Standing Counsel appears on behalf of respondent nos. 1 to 3.
Learned counsel for the petitioners submitted that there were only 8 trustees and in view of the trust deed only trustees were empowered to appoint the new trustees. Now only two trustees, namely, Sri Karan Pal Singh and Sri Shiv Lal Tyagi are alive and the rest of the trustees have died. The trust deed further provides that the President may be elected amongst the trustees of the Board. The Assistant Registrar, Firms, Societies and Chits, Vikas Vihar, Mohanpuri, Meerut has granted approval of the committee of management formed as a result of the election dated 20.9.2009 set up by Sri Anil Kumar Sharma merely on the ground that the said election has been approved by the District Inspector of Schools, Bulandshahar. He submitted that the committee of management and the committee of the society are different and the validity of the election of the society has to be considered independently. He further submitted that the order of the District Inspector of Schools, Bulandshahar has been challenged in Writ Petition No. 73272 of 2011, which is pending for consideration. He further submitted that before the Assistant Registrar, Firms, Societies and Chits, Vikas Vihar, Mohanpuri, Meerut, the dispute was of two committees of management therefore, the matter should be referred to the Prescribed Authority under Section 25 (1) of the Societies Registration Act. The Assistant Registrar, Firms, Societies and Chits, Vikas Vihar, Mohanpuri, Meerut has illegally passed the impugned order approving the election of Sri Anil Kumar Sharma.
Prima facie, there is substance in the argument of learned counsel for the petitioners, which requires consideration.
All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks.
List thereafter.
Till the next date of listing, the operation of the order dated 27.9.2011 shall remain stayed.
Order Date :- 12.1.2012 OP