Court No. - 19
Case :- WRIT - C No. - 20506 of 2018 Petitioner :- Rajesh Kumar And 46 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioners claim themselves to be members of the General Body of Sri Jawahar Lal Nehru Junior High School, Jamuari, Raunapar, Azamgarh, a registered Society under the Societies Registration Act, 1860. The Assistant Registrar passed an order dated 29.6.2017 whereby, he directed for holding of election in exercise of power under Section 25(2) of the Act. He also notified a provisional list of 32 members and invited objections against the same. It seems that a complaint was made before the Registrar, Firms, Societies and Chits, Lucknow against Indrabhan Singh, ex- Assistant Registrar, who passed the said order. The Registrar got an enquiry conducted by Deputy Registrar, Lucknow. The Deputy Registrar submitted his report in which he came to the conclusion that the order dated 29.6.2017 has not been validly passed. However, the fact remains that the petitioners did not challenge the order passed by Assistant Registrar dated 29.6.2017, nor even the Committee, whose term was cut-short as a result of passing of the said order. The Assistant Registrar, Azamgarh by notice dated 3.4.2018 fixed a date for hearing, so that the parties may lead evidence in support of the objections filed by them against the provisional list. The petitioners, whose membership was not accepted by order dated 29.6.2017 have challenged the said order as well as the notice dated 3.4.2018.
The petitioners do not dispute that they were neither office bearers nor members of the Committee of Management, whose term was cut-short as a result of passing the order dated 29.6.2017. There only objection is in regard to their exclusion from the membership of the General Body. Concededly, the issue relating to finalisation of the Electoral College is still under consideration by the Assistant Registrar, as is evident from the impugned notice dated 3.4.2018.
Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioners submitted that since the proceedings are still pending and therefore the petitioners may be permitted to file their objections before the Assistant Registrar and the same may also be directed to be considered.
Learned standing counsel appearing on behalf of the State respondents does not have any objection in case, direction is issued to respondent No. 4 to decide the objection, if any, filed by the petitioners.
Accordingly and with consent of learned counsel for the parties, the instant writ petition is disposed of by providing that in case objections are filed by the petitioners staking claim of membership, the same shall be decided by the fourth respondent, the Assistant Registrar, provided proceedings in that respect has not already been finalised.
The challenge to order dated 29.6.2017 is left open for being decided in appropriate proceedings.
(Manoj Kumar Gupta, J.) Order Date :- 30.5.2018 AM/-