- (1.) Heard Sri R.K. Pandey learned Counsel for the petitioner and Sri D.K. Tiwari and Sri H.K. Misra for the respondent No. 3. The challenge in this petition is to the notice issued on 5.7.2012 and the simultaneous interim order passed by the Assistant Registrar staying the earlier order dated 19.5.2012 on the ground that the issuance of the notice and passing of the stay order are without jurisdiction and the Assistant Registrar had become functus officio after the passing of the order dated 19.5.2012.
(2.) Sri R.K. Pandey learned Counsel for the petitioner submits that the Assistant Registrar once having passed the order on 19.5.2012, he becomes coram non judice and he had no authority to issue any notice or pass any interim order in respect of the earlier order dated 19.5.2012. He further submits that even otherwise assuming for the sake of argument that an administrative authority can correct his own order if it is found that fraud or misrepresentation has been made then too even in view of ratio of the Division Bench judgment in the case of Meerut Collegiate Association, Meerut and others v. Sri Arvind Nath Seth and others, 1982 UPLBEC 82the Assistant Registrar as an administrative authority has no power to grant any interim order in proceedings of either under section 4 or otherwise of the Societies Registration Act, 1860.
(3.) Sri Misra learned Counsel for the respondent No. 3 on the other hand contends that the petitioner has obtained the order dated 19.5.2012 on the basis of a forged document and therefore submits that this inquiry can be conducted by the Assistant Registrar as the order dated 19.5.2012 is founded on fraud and mis-representation.;