- (1.) Heard learned counsel for the petitioners and Sri K.S. Kushwaha who has put in appearance on behalf of the respondent No. 3. This petition has been filed by Sri Prabhat Ranjan claiming himself to be the Manager of Sri Khadeshwari Baba Jan Kalyan Samiti, Chandpur, Mustafabad, District Varanasi. The prayer made in the petition is to quash the entire proceedings initiated by the respondent No. 2 in relation to the dispute raised before him by the respondent No. 3. The contention is that the alleged dispute has been raised on the basis of a no-confidence motion cannot be looked into by the Assistant Registrar keeping in view the provisions of Section 25 of the Societies Registration Act, 1860. Sri Vinod Kumar Singh, learned counsel for the petitioner submits that this issue can only be looked into by the Prescribed Authority if at all it arises and is a bona fide dispute. He therefore, contends that the issue of no confidence motion as alleged cannot be gone into by the Assistant Registrar hence the proceedings before him be quashed.
(2.) Sri K.S. Kushwaha, learned counsel for the respondent No. 3 contends that the caption of the resolution of the no-confidence appears to have been wrongly tuned and termed, whereas the intention is to hold fresh elections, as the tenure of the petitioner's committee has already expired. According to Sri Kushwaha the tenure of the committee of management which was elected in 2006 was three years and came to an end on 9.9.2009. He contends that the petitioners are illegally continuing on the strength of an alleged resolution dated 3.11.2008 extending the tenure of the committee which is impermissible in law. He submits that even if the tenure of the committee has been extended and the bye-laws have been amended, the same would not apply to the existing committee of management and would apply prospectively in view of the law laid down by the Division Bench in the case of Committee of Management. Aryakanya Inter College, Bulandshahr and another v. State of U.P. and others, 2008 10 ADJ 698, which has been further followed by a learned single Judge in the case of Committee of Management Janta Adarsh Inter College, Meerut v. State of U.P. and others,2010 2 ADJ 798. He, therefore, submits that in view of the aforesaid settled legal proposition, this claim of the petitioners to continue as Office Bearers on the strength of the amendment cannot be accepted. The term of the erstwhile committee having come to an end, the Assistant Registrar is the only authority who can now proceed to hold elections under sub-section (2) of Section 25 of the Act.
(3.) In rejoinder Sri Singh submits that the aforesaid decisions, as relied upon by the learned counsel for the respondents, are in relation to the interpretation of the Scheme of the Administration framed under the U.P. Intermediate Education Act, 1921 and, therefore, the ratio thereof will not apply in the present case where the committee is of a society registered under the Societies Registration Act, 1860. He submits that there is no such bar contained either under the 1860 Act or under the bye-laws of the society and therefore, the ratio of the said decision will not be attracted. He further contends that the petitioners have already held fresh elections on 22nd March, 2012 and the list of office bearers has already been registered. In the aforesaid circumstances, the Assistant Registrar has no Jurisdiction to entertain the nature of the dispute as raised by the petitioners.;