- (1.) In this appeal the order of the learned Single Judge dated 12.10.2010 has been challenged. The dispute is only on the question whether the matter can be referred to the Prescribed Authority under Section 25(1) of Societies Registration Act, 1860 or not.
(2.) From the order impugned herein it appears that since there is no referable dispute, the matter cannot be referred to the Authority. The learned Single Judge held that it is settled in law that unless and until there is factual dispute between the parties, the Assistant Registrar is not obliged to refer the matter to the Prescribed Authority and he can decide the same himself. The learned Judge has further said that the findings recorded by the Respondents is based on evidence and there are various disputed question of facts, therefore he thinks it proper not to refer the matter to the Prescribed Authority. According to the learned Single Judge, no illegality has been committed by the Registrar.
(3.) Shri P.N. Saxena, learned Senior Counsel appearing for the Appellants has contended before this Court, in answer to the query that they are holding much more members than one-fourth, which is required to be a condition precedent for referring the matter to the Prescribed Authority otherwise reference ought to be made by the Registrar.;