Dilip Gupta, J. - (1.) THE petitioner who claims to be a life member of the Muslim Association, Kanpur (hereinafter referred to as the 'Society ') has filed this petition for setting aside the order dated 24th December, 2009 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur (hereinafter referred to as the 'Deputy Registrar ') by which he has rejected the representation filed by the petitioner and has further ordered that there is no infirmity in the order dated 29th May, 2008 by which the list of office bearers and members of the Committee of Management of the Society for the year 2008 -09 was registered under Section 4(1) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act ').
(2.) LEARNED Counsel for the petitioner has raised a number of submissions for setting aside the order but it is submitted by the learned Standing Counsel that the present petition which has been filed by one life member only should not be entertained and if the members of the General Body of the Society have any grievance against the registration of the list of office bearers of the Committee of Management of the Society, then they can move the Prescribed Authority under Section 25(1) of the Act in accordance with the procedure prescribed therein. The preliminary objection raised by the learned Standing Counsel needs to be considered. Under Section 25(1) of the Act, the Prescribed Authority may, on a reference made to it by the Registrar or by at least one -fourth of the members of a Society, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an office bearer of such Society.
(3.) IN the instant case, the Deputy Registrar rejected the objections filed by the petitioner regarding the post of the President of the Committee of Management of the Society and registered the list of office bearers and members of the Committee of Management of the Society. Only one life member has challenged the order passed by the Deputy Registrar. It has, therefore, to been seen whether, at the instance of one life member, in view of the aforesaid provisions of Section 25(1) of the Act, it is a fit case for exercising the powers of judicial review under Article of the Constitution.;