Dilip Gupta, J. - (1.) THE petitioner who claims to be a life member of the Gramopyogi Shiksha Pracharini Samiti, Bakarganj, Goraju, Kaushambi (hereinafter referred to as the "Society') has filed this petition for setting aside the order dated 20th March, 2010 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad (hereinafter referred to as the "Assistant Registrar') by which he has registered the list of office bearers and members of the Committee of Management of the Society under Section 4(1) of the Societies Registration Act, 1860 (hereinafter referred to as the "Act').
(2.) AN advertisement was issued in the newspaper Dainik Jagran, Kaushambi edition on 27th August, 2008 for holding the elections of the Committee of Management of the Society on 14th September, 2008. The list of office bearers and members of the Committee of Management of the Society elected on 14th September, 2008 with Awadhesh Singh as the Manager was submitted before the Assistant Registrar. It is stated in the writ petition that the petitioner along with other members of the Society filed a complaint dated 24th September, 2008 before the Assistant Registrar for not registering the list of office bearers and members of the Committee of Management of the Society and that Ghanshyam Singh and four other life members also made a complaint on 5th November, 2008 before the Assistant Registrar. The Assistant Registrar issued notice to the parties concerned and thereafter passed an order on 20th March, 2010 registering the list of office bearers and members of the Society under Section 4(1) of the Act. It is this order that has been impugned in the present petition.
(3.) SRI P.N. Saxena, learned Senior Counsel appearing for the petitioner submitted that the Committee of Management could not have held the elections pursuant to the notice dated 27th August, 2008 published in the newspaper since the elections could have been conducted only by the Assistant Registrar under Section 25(2) of the Act as the Committee of Management of the Society had become time barred and in support of his contention he has placed reliance upon the judgment of this Court in Committee of Management, Adarsh Shiksha Niketan Renukoot, District Sonbhadra and Anr. v. The Assistant Registrar, Firms, Societies and Chits, Varanasi Division, Varanasi and Ors. : (2000) 2 UPLBEC 1600. He further submitted that on 8th February, 2008, prior to the holding of the elections, the President of the Society had written a letter to the Assistant Registrar to hold the elections of the Committee of Management under Section 25(2) of the Act and the Assistant Registrar had also written a letter for submission of the list of office bearers so that the elections could be held, but despite such objections, the erstwhile Committee of Management of the Society proceeded to hold the elections. He has further submitted that despite such objections having been filed by the petitioner and certain other life members, the Assistant Registrar registered the list of office bearers and the members of the Committee of Management of the Society.;