Court No. - 18
Case :- WRIT - C No. - 24383 of 2021 Petitioner :- Ramesh Kumar Pandey Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Sanjay Srivastava, learned counsel for the petitioner contends that the proceeding under Section 4(b) (1) of the Societies Registration Act, 1860 for finalisation of the valid list of members of the society under the name and style of Shri Udyog Vikas and Shiksha Prasar Samiti, Jafarpur, Babuganj, Allahabad is pending before the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Prayagraj.
The only prayer made by learned counsel for the petitioner is that the aforesaid proceeding be decided within a stipulated period of time, and thereafter the elections be held by the respondent no. 2 under Section 25 (2) of the Societies Registration Act within a prescribed time frame.
Learned Standing Counsel submits that the authorities are under an obligation of law to decide the proceedings under Section 4(b) (1) and also hold elections in pursuance thereof under Section 25(2) within a reasonable period of time.
In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. Interest of justice will be served by issuing the following directions:
(i) A writ in the nature of mandamus is issued commanding respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Prayagraj, to decide the list of valid members in proceedings taken out under Section 4(b)(1) of the Societies Registration Act after giving opportunity of hearing to all necessary parties, preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Prayagraj proceed with the matter on a day to day basis to ensure that the list of valid members under Section 4(b) (1) of the Societies Registration Act is declared within the above stipulated period of four months.
(iii) The respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Prayagraj shall hold elections within a period of two months thereafter. The electoral college shall be composed of the valid members so determined.
With the aforesaid directions the writ petition is disposed of.
Order Date :- 27.9.2021 Pravin