- (1.) HEARD Mr. Dileep Kumar Mishra, learned counsel for the petitioner, Mr. Som Kartik, learned counsel for opposite party no. 5, Mohd. Ali, learned counsel for opposite party no. 6 as well as learned Standing Counsel.
(2.) THROUGH instant writ petition, petitioner has challenged the order dated 30.01.2014, passed by the Divisional Commissioner, Lucknow Division, Lucknow (opposite party no. 2) in exercise of power provided under Section 12 -D(2) of the Societies Registration Act (in short ''the Act').
(3.) BY means of order impugned, the Divisional Commissioner has set aside the order dated 17.06.2011, passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow and has remitted the matter to him and pass afresh order after providing opportunity of hearing to the parties concerned. Learned counsel for the petitioner has also raised the finger over the jurisdiction of the Divisional Commissioner on the ground that it is a case of cancellation of registration of the society. Therefore, the order passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow could not be said to be passed under Section 12 -D(2), rather it is the order passed under Section 4 of the Act. It is further stated that the petitioner's society was constituted through proper election held on 01.09.1987 pursuant to order passed by the prescribed authority on 19.05.1987. The election was challenged before the Civil Court through Regular Suit No. 129/88 which too was decided in favour of the petitioner's society on 13.04.2004, therefore, the petitioner's society was renewed since 1987 to 2004 with approval of the Deputy Registrar in 2004. Earlier the name of the society was Shri Ram Bajpai, whereas after his death, the word ''Smarak' was added in the name of the society. The Deputy Registrar concerned also approved the bylaws. As per amended bylaws, tenure of the society is five years. In the year 2005, when the term of Committee of Management was going to expire, the election held and the earlier office bearer of the committee of management was allowed to continue for the next term of five years.;