Dilip Gupta, J. - (1.) THE Committee of Management of Kishan Lal Ram Kumar Higher Secondary, School, Bareilly and Someshwar Dayal Sharma claiming himself to be its Manager have filed this petition for quashing the order dated 28th February, 2009 passed by the Assistant Registrar, Firms, Societies and Chits, Bareilly (hereinafter referred to as the 'Assistant Registrar') under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') and the proceedings initiated thereunder. The petitioners have also sought the quashing of the order dated 8th March, 2010 by which the Assistant Registrar has finalised the list of members of the General Body for holding the elections of the Committee of Management of the Society and has also issued the election programme.
(2.) THE petitioners had earlier also filed Writ Petition No. 24748 of 2009 for setting aside the order dated 28th February, 2009 passed by the Assistant Registrar. This petition was dismissed by the judgment and order dated 12th May, 2009 and the relevant portion of the order is: The petitioner claims that election of the Society has been held, in which the petitioner has been elected as President. By means of the impugned order dated 28.2.2009, the Assistant Registrar, Firms, Societies and Chits refused to accept the list of office bearers submitted by the petitioner. Categorical finding of fact has been recorded that the last list of office bearers submitted in the year 1979 -80 was registered on 25.6.1979. Thereafter no election of Committee of Management has taken place. As such, the Committee of Management of the Society has been declared to be time barred and notice has been issued for holding a meeting of the general body. Dispute questions of fact are involved in this petition which cannot be decided in writ jurisdiction. In case if the petitioner has held the election of Committee of Management, it shall have to be proved on the basis of evidence, which can only be done in a regular civil suit. Writ would not be the appropriate remedy. The writ petition is accordingly, dismissed. No order as to costs. After the dismissal of the aforesaid writ petition, the Assistant Registrar proceeded to finalise the list of members of the General Body so that the elections could be held under Section 25(2) of the Act. Smt. Mithilesh Kumari Sharma -respondent No. 3 submitted a list of 46 members of the General Body of the Society on 6th May, 2009 while Someshwar Dayal Sharma -petitioner No. 2 submitted a list of 34 members of the General Body of the Society. Both the parties filed objections to the lists filed by the other side and after considering the objections, the Assistant Registrar found that only 34 members out of the 46 members in the list dated 2nd June, 1979 were alive and, therefore, determined the list of 34 members of the General Body. The Assistant Registrar also published the election programme for the election to be held on 10th April, 2010.
(3.) SRI P.N. Saxena, learned Senior Counsel appearing for the petitioners submitted that since the election of the petitioner -Committee of Management had been held on 7th June, 2006, proceedings under Section 25(2) of the Act could not have been initiated even if the said election was held beyond the period prescribed under the Bye -Laws of the Society. According to him, elections under Section 25(2) of the Act can be held only in a case where the term of the Committee of Management has expired and fresh elections have not been held. It is his submission that despite the dismissal of Writ Petition No. 24748 of 2009 by the judgment and order dated 12th May, 2009, the Court can still examine whether the proceedings could have been validly initiated by the Assistant Registrar under Section 25(2) of the Act. Learned Senior Counsel has also raised submissions that the list of the members of the General Body finalised by the Assistant Registrar on 8th March, 2010 is not correct.;