- (1.) Heard Sri Yogish Kumar Saxena, learned counsel for the petitioners and Sri K.C. Shukla, learned counsel for the respondent No. 3, and the learned standing counsel for the respondent Nos. 1 and 2. The petitioners contend that the issue relating to membership was raised before the Deputy Registrar, Firms, Societies and Chits. Kanpur who by the impugned order has proceeded to introduce a new fact stated by the respondent No. 3 and without examining the said fact in correct perspective in accordance with the bye-laws which are applicable has wrongly arrived at the conclusion that the petitioner No. 2 has been expelled from the membership of the society.
(2.) The second contention of Sri Saxena is that the issue relating to the membership of Smt. Asha Pandey-respondent No. 3 was specifically raised but no finding worth the name based on any cogent material has been returned about the status of membership of Smt. Asha Pandey. He, therefore, contends that on both counts, the impugned order is vitiated.
(3.) The dispute appears to have arisen as the petitioner claims himself to be the President of the Society but one Mr. Ashok Kumar Pandey who came to be elected was favoured with an order by the Deputy Registrar on 28.2.2003. It is undisputed that Ashok Kumar Pandey continued as the Manager and he expired in 2011. The petitioner claims himself to be the undisputed President of the Society. He however submits that the induction of Asha Pandey as Manager is erroneous and the alleged expulsion of the petitioner is also not in accordance with the bye-laws of the society.;