- (1.) RAKESH Tiwari, J. By means of this petition the order dated 25-5-2000 passed by the Assistant Registrar Annexure-7 to the writ petition has been challenged by which renewal of the registration of the society in favour of Respondent No. 3 has been made under Section 3-A of the Societies Registration Act, 1860.
(2.) THE brief facts of the case are that Rashtriya Junior High School (Society), Babhaniyawan, Janghai, district Jaunpur was registered at Serial N. 258/1959-60. THE Junior High School run by the Society is neither recognized nor is on grant-in-aid list of the Government and as such the Basic Education Act and Rules and Regulations framed thereunder do not apply to it. The renewal of the certificate of registration was over due. On an application made by the Adhyaksha of the Petitioner Committee of Society, Assistant Registrar renewed the registration certificate vide order dated 24-3-1999 (Annexure-4 to the writ petition ). It is alleged that the respondent No. 3 got another society registered in the name and style of 'babhaniyawan Shiksha Samiti, Village and Post Babhaniyawan', which was registered at Serial No. 755/1995-96 dated 17-2-1996. It appears from the record that Respondent No. 3 filed objection before the Assistant Registrar, who started proceeding on the question of renewal and decided the dispute of membership as well as dispute in respect of office bearers vide impugned order dated 25-5-2000.
(3.) IT is contended by the Petitioner that Assistant Registrar has no jurisdiction to review his order dated 24-3-1999 and once the registration certificate is renewed, no one had any right to raise objection to the said renewal. He also contends that the Assistant Registrar became functus officio after he passed order dated 24-3-1999 in respect of renewal of certificate and if Respondent No. 3 had any grievance after renewal dated 24-3-1999 he could have represented his case before higher authorities and not before Assistant Registrar. The second leg of contention of the Petitioner is that the Assistant Registrar had no jurisdiction to decide any dispute in respect of the validity of election of the office bearers of the Committee of Management and once it is determined that any such dispute exists, he had no option to make a reference of the dispute for its determination under Section 25 (1) of the Societies Registration Act, 1860.;