- (1.) In the present case, petitioner has rushed to this court for quashing of the order dated 11.8.2011 passed by the Assistant Registrar, Firms societies and Chits Allahabad Region Allahabad accepting the list of office bearers and members under Section 4 of the Societies Registration Act, 1860.
(2.) Brief background of the case is that there is society, at Kathara, Handia, district Allahabad, which is duly registered society under Societies Registration Act, 1860. The aforesaid society runs and manages an Educational Institution under the name of Shiv Inter College. The aforesaid institution is governed under the provisions of U.P. Intermediate Education Act 1921 and the provisions of U.P. High School and Intermediate Colleges (Payment of Salary to the Teachers and others Employees) Act, 1971 as well as the provisions of U.P. Secondary Education Services Selection Board Act, 1982 as amended upto date are applicable to the said institution. The aforesaid institution is to be run and managed in accordance with the provision as contained under duly approved Scheme of Administration applicable to the said institution and the Committee of Management of the institution is constituted as per the provision as contained under duly approved Scheme of Administration framed under Section 16-A of U.P. Act No. 2 of 1921. The election of the society running the institution is held in accordance with the provision as contained under registered by-laws of the society and the last renewal of the aforesaid society was done on 10.10.2005 for the period of five years which was valid upto 9.10.2010. Petitioner claims that elections have been held on 6.10.2007 and 26.9.2010 wherein he was elected as Secretary alongwith other office bearers and member and in this background submitted that he requested the Assistant Registrar, Firms, Societies and Chits, Allahabad for according renewal of the registration of the society. Petitioner has stated that Shrda Prasad Singh also submitted election of the same date on 7.10.2011 before the Assistant Registrar, Firms, Societies and Chits, Allahabad. Petitioner has stated that thereafter, order impugned has been passed. Sri. Irshad Ali, Advocate, learned counsel for the petitioner contended with vehemence that in the present case dispute in question was in reference to the election and as such Assistant Registrar, Firms, Societies and Chits, Allahabad ought to have referred the matter to the Prescribed Authority and as such order is bad. Countering the said submission, learned Standing Counsel as well as Sri P.N. Saxena, Senior Advocate, assisted by Sri S.K. Srivastava, Advocate on the other hand contended that entire claim of the petitioner on the face of it is fake and ingenuine and in such a situation once categorical finding of fact has been returned on this score, then this court should refuse to exercise its authority of judicial review as any interference with the same would amount to perpetuation of illegality.
(3.) After respective arguments have been advanced, factual position, which has so emerged in the present case that out going Managing Committee was headed by Dr. Ghanshyam Singh as President and Sharda Prasad Singh as Secretary and as per provision as contained in by-laws it was out going Managing Committee the society entitled to convene a meeting and hold election. In the present case precise question has been put to the petitioners' counsel as to under which authority of law, petitioner has proceeded to get election held and shown to have been got himself elected in the election. To the specific query raised on this score there is no reply and reason is obvious that under by-laws of the society it is out going Managing Committee of the society through its Secretary has right to convene a meeting and hold election. In the present case incumbent, who have been shown by the petitioners to have been elected in the election set up by him have disowned their participation and also disowned their signature. Once such is the factual situation that entire claim of the petitioners have been found to be fake and ingenuine and petitioner No. 2 has failed to substantiate that he is valid member, then contention of the petitioner that matter ought to have been referred to the Prescribed Authority, cannot be accepted, inasmuch as Deputy Registrar Registrar, Firms, Societies and Chits has no doubt in his mind that papers have been fabricated only for the purposes of the case. Petitioners have place heavy reliance on the case of Gram Shiksha Sudhar Samiti junior High School Sikandra District Manpur Dehat and another v. Registrar Firms, Societies and Chits, U.P. Lucknow and others,2010 3 UPLBEC 2522, that in the facts of the case matter ought to have been referred to Prescribed Authority in stead of Deputy Registrar Firms Societies and Chits, Kanpur Nagar Region Kanpur himself deciding the matter.;