O.P.Garg, J. - (1.) Sri Sai Sansthan, Shri Sirdi Sal Baba Mandir, behind Rakabganj in district Agra is a Society registered on 31.8.1999 under the Societies Registration Act (for short 'Act') with its President Smt. Kusum Singhal and Secretary Rajiv Sharma. Fed up with the irregularities and indiscipline, Smt. Kusum Singhal tendered her resignation from the post of Adhyaksh on 17.10.2000, which reached the Deputy Registrar, respondent No. 1. With a view of initiate action/enquiry under Section 23 of the Act, the Dy. Registrar issued a notice to Rajiv Sharma Secretary on 17.10.2000 to require him to produce the documents including the proceedings book of the Society, cash book, agenda, register and receipt book, etc. On 19.10.2000, Rajiv Sharma sought one week's time to produce the record. One Pawan Goyal, who has now been impleaded as respondent No. 2, made a complaint to the Dy. Registrar alleging that no general or annual meeting of the Society had been convened and serious financial irregularities have been committed by office bearers, Rajiv Sharma was informed of the said complaint and was directed to produce the necessary documents. After hearing the concerned parties and the material produced before him, the Dy. Registrar came to the conclusion that the affairs of the Society are not being carried on in accordance with the provisions of law and that the very purpose, for which Society was brought into existence has been frustrated on account of mis-utilisation and squandering of the funds. The Dy. Registrar noticed that some advisory committee of seven persons was constituted on 5.7.2000 to manage the affairs of the Society. Accordingly by impugned order dated 13.11.2000, a copy of which is Annexure-12 to the writ petition, the Dy. Registrar dissolved the Managing Committee of the Society and granted validity to the advisory committee with the observation that the advisory committee shall assume the charge of the Society and obtain the necessary documents from the Secretary so that they may be properly audited ; that the election of office-bearers be held within a period of three months.
(2.) By means of this writ petition under Article 226 of the Constitution of India, the order dated 13.11.2000, a copy of which is Annexure-12 to the petition, has been impugned on the ground that it is wholly illegal and untenable in law.
(3.) A counter-affidavit has been filed by Pawan Goyal, respondent No. 2 who was directed to be impleaded by order dated 1.12.2000. No rejoinder-affidavit was filed.;