- (1.) This petition under Article 226 of the Constitution of India is filed by the U.P. Rajya Vidyut Parishad Anusuchit Jati Evam Anusuchit Janjati Karmachari Kalyan Samiti and two others, who styled themselves as its President and Secretary, claiming for quashing of order dated 20/21-7-1989 passed by the Assistant Registrar, Firms, Societies and chits, Varanasi and for mandamus commanding the respondents not to interfere in the functioning of the petitioner. The facts, in brief, for the purposes of the controversy in the present case, are:-- (a) A Society known as U.P. Rajya Vidyut Parishad Anusuchit Jati Evam Anusuchit Janjati Karmachari Kalyan Samiti (for brevity, hereinafter referred to as 'the Society') was registered under the societies Registration Act, 1860 (for brevity, hereinafter to be referred to as 'the Act') on 24-5-1976 vide registration No- 213 of 1976-77 for the welfare and benefit of the Scheduled Castes and Schedule Tribes employees of the U.P. State Electricity Board throughout the State and the persons belonging to Schedule Castes and Scheduled Tribes serving in the U.P. State Electricity Board were its members. The Society has got its offices at the zonal, regional and divisional level of the aforesaid Board and its registered office at Varanasi. (b) The Society, according to its registered bye-laws, has got a Working Committee which is described as Managing Committee, and consists of the President, Working President, Vice-Preside at, General Secretary, Joint Secretary, Organising Secretary, Information Secretary, Assistant Organizing Secretary, Auditor, Treasurer and its office-bearers and also 12 persons as its members elected from the general membership of the Society and six persons as its members from amongst the Secretaries at the Branches. (c) The registration of the Society was done on 24-5-1976 for five years at the instance of one Sri Ram Narain, who made two applications and produced the relevant papers. The second, third and fourth renewal of registration was also made through Sri Ram Narayan, but a controversy cropped up when the fifth renewal of the registration was done. It was got made at the instance of Sri Tej Bahadur and Sri Mangat Ram who described themselves as President and Secretary, and presented the papers alongwith application for renewal together with the renewal fee stating that there is no dispute in the management and if there is found any dispute, then the registration may be cancelled. Accordingly, the renewal of the registration was made on 27-5-1989. (d) Subsequently Sri Ram Narain staying himself as General Secretary approached the Assistant Registrar, Firms, Societies and Chits, for registration of his Committee after cancelling the renewal certificate as made at the behest of Tej Bahadur and issue renewal certificate on his application after recognising him and his Committee of Management. (e) The Assistant Registrar, Firms, Societies and Chits, vide his order dated 20-7-1989, finding dispute between the two committees, passed an order under Section 25(1) of the Act referring the dispute to the Sub-Divisional Officer for resolution. While forwarding the copies of the impugned order to various persons and to Sri Mangat Ram, he made an endorsement that till the decision is taken by the competent authority on reference, the renewal certificate should not be acted upon or used. This order is impeached in the present writ petition.
(2.) Heard learned counsel for the petitioner, Sri C.K. Parikh. He submits that the Assistant Registrar, Firms, Societies and Chits by means of the impugned order dated 20-7-1989 has issued an injunction restraining the petitioner Society from functioning.
(3.) I have perused the impugned order. There is no such injunction. The Assistant Registrar has only stated that till the dispute is resolved, the renewal certificate shall not be acted upon or used by any body. It is not an injunction order. In fact, it is an order keeping in abeyance the renewal of the registration certificate till the dispute is resolved by the Sub-Divisional Officer. The argument so advanced has no substance. Learned counsel for the petitioner next argued that the Assistant Registrar, Firms, Societies and under Chits, Section 25 of Act, has no power to pass such an order directing for not acting upon the renewal certificate. This submission has also no substance. Under Section 21 of the General Clauses Act, the power to issue a statutory instrument includes the power to add, amend, vary or rescind. The renewal of the registration certificate is a statutory instrument and it is only a variation made by the Assistant Registrar that the same shall not be acted upon till the resolution of the dispute regarding the management of the Society. In the result, the petition has no force and is dismissed. No order as to costs.;