Court No. - 19
Case :- WRIT - C No. - 14635 of 2018 Petitioner :- Munendra Kumar Shukla And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed seeking a mandamus commanding respondent No. 1 to decide the transfer application filed by the petitioners for transfer of an election dispute said to be pending before the Deputy Registrar, Firms, Societies and Chits, Agra to Deputy Registrar of some other Region. The second petitioner claims itself to be the duly elected Committee of Management in respect of which the Deputy Registrar is seized of the dispute. The petitioners claim that the third respondent is under influence of the rival Committee (respondent No. 4), therefore, they have approached the State Government for transfer of the proceedings, but since no orders have been passed on their application, consequently, the instant petition has been filed.
It is not disputed by learned counsel for the petitioners that in view of the law laid down in Jai Bahadur Singh and others Versus State of U.P. and others, (2016) 2 ADJ 270, the Registrar, Firms, Societies and Chits, Lucknow does not have power to transfer proceedings from Deputy Registrar of one Region to Deputy Registrar of other Region. However, it is submitted that the State Government having regard to Section 21 is having sufficient power to confer jurisdiction to Deputy Registrar of some other Region, therefore, the State Government be directed to consider the request.
Learned standing counsel states that the request would be considered within such time, as may be directed by this Court.
Accordingly, the instant petition is disposed of with liberty to the petitioners to approach the first respondent with a certified copy of this order and a fresh representation, and in which event, the first respondent shall consider the representation, in accordance with law, within a period of next eight weeks, after due notice and opportunity of hearing to the rival Committee of Management.
(Manoj Kumar Gupta, J.) Order Date :- 26.4.2018 AM/-