S.R. Singh, J. - (1.) Petition in hand is directed against the order dated 16-9-1992 passed by-the Asstt. Registrar, Chits Funds and Societies Gorakhpur (postulating registration of the Committee of Management of the Society know as Sri Lallan Misra Shikshan Sansthan Sohnag, Deoria on the basis of the minutes of the meeting held on 15-3-1992 and 21-6-1992.
(2.) In order to appreciate the controversy involved in the case, the order impugned in this petition is quoted below. "Bar Bar Bulane Par Sri Mohan Yadav Kj Aur Se Koi Nahin Hua. Sri Lallan Misra Upasthit Hue. Unke Abhilok Theek Lagta Hei. Et EV 15-3-1992 Evam 31-6-1992 Ki Karyavahi Ki Prabandh Samiti Ki Soochi Panjikrat Ki Jati He Kyonki Sri Yadav Ki Abhilekh Na Prastut Kama Ki Karya-wahi Vidhi-Vipreet Acharan Hei." Admittedly, the election of the office bearers of the Committee of Management of the society, was held on 15-3-1993 in which Sri Lallan Misra was elected as President and Sri Mohan Yadav as Manager. The case of contesting respondent-Sri Lallan Misra is that there were charges of embezzlement and financial irregularities against Mohan Yadav and, therefore, on the basis of resolution passed by the General Body of the society in its meeting held on 21-6-1992 Mohan Yadav was removed from the membership of the society and consequently he ceased to be its Manager. The case of the petitioner on the other hand is that he was never removed from the membership of the society or from the office of Manager and further that the order passed by the Asstt. Registrar, bears the taint of lack of jurisdiction in view of the fact that w'here a dispute arises in respect of the election or continuance in office of an officer-bearer of the society, such a dispute can be adjudicated upon in a summary manner by the Prescribed Authority under Section 25 of the Societies Registration Act, 1860 and not by the Asstt. Registrar.
(3.) I have heard Sri S. N. Shukla learned counsel appearing for the petitioners and also Sri T. N. Tiwari, learned counsel for the respondents.;