- (1.) Heard learned counsel for petitioner and learned counsel for respondents.
(2.) As regards respondent no. 5, the society, it is admitted position of parties before this Court and it is a fact which is mentioned in the impugned order also that after 12.02.2012 no elections to the committee of management of society have been held and the said committee of management which was elected in the last elections has become time barred. The then manager died in 2013 and in his place, petitioner no. 1 Ram Dev was elected. Moreover, as informed by learned counsel for parties the registration of the society has also not been renewed, therefore, in these circumstances considering the order proposed to be passed notices need not be issued to respondents, especially as the Committee of Management has become time barred and it is the petitioner no. 1 who was its Manager.
(3.) First and foremost the law is very well settled that unless the registration of the society is renewed, the Assistant Registrar would have no jurisdiction to proceed under Societies Registration Act, 1860. In this view of matter one of the questions to be considered is as to how if the society is veritably unregistered in eyes of law the impugned order has been passed by the Assistant Registrar determining the members of the General Body of the society and issuing the election schedule which is to be held on 23.02.2020.;