Dilip Gupta, J. - (1.) The petitioners have sought the quashing of the order dated 26th December, 2009 passed by the Assistant Registrar, Firms Societies & Chits, Varanasi Region Varanasi, by which he has referred the dispute to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act').
(2.) It is not in dispute that in respect of the annual list submitted by the petitioners for the year 2008-09, the petitioner-Committee of Management was registered. The dispute is with regard to the annual list submitted for the year 2009-10. The Committee of Management with Jagdish Singh as the Manager submitted the list before the Assistant Registrar. The petitioner-Committee of Management also submitted a list for the year 2009-10. The Assistant Registrar, after noticing that Shiv Prasad Singh had not filed any objections, referred the matter to the Prescribed Authority under Section 25(1) of the Act.
(3.) It is the contention of Sri Indra Raj Singh, learned counsel for the petitioners that in fact the petitioners had filed objections before the Assistant Registrar regarding the list submitted by Jagdish Singh in response to the letter dated 7th August, 2009 stating that Jagdish Singh was not even a member of the General Body of the Society and, therefore, the list submitted by him could not be registered. He, therefore, submits that in view of the Division Bench judgment of this Court in Committee of Management, Kisan Shiksha Sadan, Banksahi, District Basti and another v. Assistant Registrar, Firms Societies and Chits, Gorakhpur Region, Gorakhpur and another, (1995) 2 UPLBEC 1242 the Assistant Registrar had to first satisfy himself whether the objection raised by the petitioners about the membership of Jagdish Singh was correct or not since if he came to the conclusion that he was not a member of the General Body of the Society, he could have referred the dispute to the Prescribed Authority.;