Amreshwar Pratap Sahi, J. - (1.) THE petition questions the correctness and legality of the impugned order dated 22.12.2010 passed by the Assistant Registrar, Firms Societies and Chits, Varanasi, rejecting the dispute set up by the Petitioner in relation to the list of office bearers and the constitution of the Committee of Management entitled to manage the affairs of a society, namely, Chaudhary Charan Singh Shiksha Samiti registered under the 1860 Act.
(2.) IT is undisputed that the said society has established a Junior High School which is now upgraded as a Higher Secondary School and recognized under the U.P. Intermediate Education Act, 1921. The institution is, therefore, governed by the provisions of the 1921 Act and the Scheme of Administration framed thereunder. Sri D.S.P. Singh, learned Counsel for the Petitioners submits that the Assistant Registrar has passed the order which is without jurisdiction, inasmuch as, once there was a dispute relating to the elections and continuance of office bearers then in view of the law laid down by a Division Bench in the Case of Surandra Singh and Ors. v. State of U.P. through Principal Secretary, Finance, U.P. Lucknow and others in Special Appeal No. 1254 of 2010 and the judgment of a learned Single Judge in the case of Ram Niwas and Ors. v. Assistant Registrar, Firms Societies and Chits, Azamgarh Mandal Azamgarh and others in Civil Misc. Writ Petition No. 39870 of 2008 the dispute should have been referred to the Prescribed Authority for decision under Sub -section (1) of Section 25 of the 1860 Act.
(3.) THE second submission of Sri Singh is that the Assistant Registrar has failed to advert the documents relating to membership as relied upon by the Petitioners and no valid reason has been given for either accepting or rejecting the same. The finding which has been recorded by the Assistant Registrar in relation to the membership list, has been done without putting any of the members to notice. He, therefore, submits that the original records has been surreptitiously removed by Sri Vishwanath Yadav for which an application was moved by the Petitioners to the Station House Officer of the Police Station concerned and the list relied upon by the Petitioners was signed none else than by the erstwhile undisputed manager Jainath Yadav.;