Court No. - 7
Case :- WRIT - C No. - 25003 of 2019 Petitioner :- Pravindra Singh Kharbanda Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner, claims to be the member of the society, registered under the name and style of 'Sri Guru Singh Sabha, Saharanpur'. He further submits, that the elections, to the society, were held on 19.06.2016. The term of the committee of management, is three years, which expired on 20.06.2019. The petitioner, has made an application, before the respondent No.3- Assistant Registrar, Firms, Societies and Chits, Saharanpur, for calling elections, to the society, under Section 25(2) of the U.P. Societies Registration Act. The only prayer, made by Sri Ashok Kumar Singh Bais, learned counsel for the petitioner, is that the representation may be decided, within a stipulated period of time.
Learned Standing Counsel for the respondent-State, submits that, in case essential pre-requisites of exercise of powers under Section 25(2) of the U.P. Societies Registration Act, are established, then the respondent No.3-Assistant Registrar, Firms, Societies and Chits, Saharanpur, would be under obligation of law, to conduct the election. This requires verification of facts by the respondent No.3-Assistant Registrar, Firms, Societies and Chits, Saharanpur.
The matter is remitted, to the respondent No.3-Assistant Registrar, Firms, Societies and Chits, Saharanpur.
A writ of mandamus is issued, commanding the respondent No.3-Assistant Registrar, Firms, Societies and Chits, Saharanpur, to decide the application of the petitioner, for holding elections to the committee of management, under Section 25(2) of the U.P. Societies Registration Act, within a period of three months, from the date of, receipt of, a certified copy of this order. The respondent No.3-Assistant Registrar, Firms, Societies and Chits, Saharanpur, shall hear all necessary parties, before passing any orders, in this regard.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition, nor has judged the claim of the petitioner on merits. It is for the competent authority, to do so, with an independent application of mind.
With the aforesaid direction, the writ petition is finally disposed off.
Order Date :- 30.7.2019 Ashish Tripathi