- (1.) The petitioner is aggrieved by an order dated 24/07/1990 passed by the Assistant Registrar, Firms Societies and Chits, Varanasi under Section 4 of the Societies Registration Act, herein after referred to as the Act. The controversy involved in the present case is as to whether the dispute is such which is to be adjudicated by the authority provided under Section 4 or by the Prescribed Authority under S. 25 of the Act.
(2.) It is not disputed that the last elections were held on 27th Nov. 1986 and a duly constituted executive body of the Society came into existence, of which Sri Shamsuddin was elected as Secretary and Mohammad Hasan as President. The term of the executive body in accordance with Rule 8(h) of the bye -laws of the society is three years and in special case it was liable to be extended for a period not exceeding one year, at a special meeting. It appears, that a set of members of the society conducted fresh election to elect the executive body and claimed to have elected Mohammad Hasan as Secretary and Mohammad Israil as the President on 7/01/1990. A list of the members of the executive body was submitted to the Assistant Registrar, firms societies and chits, as required under the provisions of Section 4 of the Act.
(3.) On the other hand the respondent No. 2 submitted a list of executive body of the society on the basis of meeting held on 3rd Sept. 1989 of the Board of trustees, in which tenure of the governing council was extended for one year. The list of the members of the executive body contained the same names of office bearers which were earlier functioning and of which the respondent No. 2 was the Secretary. The papers of the meeting and the list of the members of the executive body was also submitted to the Assistant Registrar, Firms Societies and Chits, under Section 4 of the Act.;