Court No. - 7
Case :- WRIT - C No. - 24660 of 2019 Petitioner :- Ram Suchit Singh Respondent :- State Of U P And Another Counsel for Petitioner :- Vijay Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The list of members of the society, was finally approved by the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, by order dated 10.10.2018. By order dated 16.05.2019, the respondent No.2- Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, in purported exercise of powers, under Section 25(2) of the U.P. Societies Registration Act, issued directions, to hold the elections to the society, and appointed one Dr.Bhure Lal, Associate Professor, Hindi Department, Allahabad University, as the election officer. The election officer, so appointed, conducted the elections on 23.06.2019, and forwarded the list of elected office bearers to the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad.
Sri Vijay Kumar Ojha, learned counsel for the petitioner, submits that the petitioner, was elected as Manager of the committee of management of the said society, in the elections held by the election officer so appointed by the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad. The respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, has not taken any decision to approve/register the elections nor has the list of office bearers been registered till date. The only prayer, made by Sri V.K.Ojha, learned counsel for the petitioner, is that the elections, so conducted, be duly processed, and the list of office bearers of the committee of management, be registered, as per law within a stipulated period of time.
Learned Standing Counsel for the respondent- State, submits that the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, is under obligation of law, to apply his mind, to the election claim, set up by the petitioner.
The matter is remitted to the respondent No.2- Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad.
A writ of mandamus is issued, commanding the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, to process the election claim of the petitioner and register the office bearers so elected in accordance with law. The respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, shall pass a reasoned and speaking order in the matter strictly, within a period of two months, from the date of, receipt of a certified copy of this order, along with a fresh copy of the application. The respondent No.2-Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad shall hear all necessary parties, before passing final orders on the controversy.
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