- (1.) This writ petition is directed against the order dated 19th November, 2011 passed by the Assistant Registrar, Firms, Societies and Chits, Jhansi Region, Jhansi, the respondent no. 2, whereby he has cancelled the renewal of registration of the Society submitted by the petitioners and has registered the list of the office-bearers submitted by the respondent no. 3.
(2.) The essential facts are that Gyan Bharti Shiksha Sadan, Karvi, District Chitrakoot (for short, the "Society") is a Society registered under the provisions of the Societies Registration Act, 1860. The affairs of the Society are regulated by the Memorandum of Association and bye-laws. The Society has established a Junior High School, namely, Purva Madhyamik Vidyalaya, Karvi, Chitrakoot (for short, the "Institution"), which is recognised under the provisions of the Uttar Pradesh Basic Education Act, 1972. It receives aid out of the State fund. Thus, the provisions of the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 are applicable to the Institution. The petitioner no. 2 claims to be its Manager.
(3.) It is stated that Sri Awadhesh Prasad, the respondent no. 3, filed some fabricated proceedings dated 30th August, 2011 before the Assistant Registrar, Firms, Societies and Chits, Jhansi Region, Jhansi (for short, the "Assistant Registrar"), wherein the petitioner no. 2 was stated to be removed from the office of the Manager and in his place Sri Awadhesh Prasad, the respondent no. 3, was elected as Manager. The Assistant Registrar registered the list of the office-bearers for the year 2011-12, wherein the respondent no. 3 is recognised as a Manager. A copy of the list of office-bearers is on the record as annexure-5 to the writ petition. The petitioner no. 2 filed an objection before the Assistant Registrar on 13th September, 2011 for cancellation of the list so registered. On the basis of the objection filed by the petitioner no. 2, the Assistant Registrar issued notice to the concerned parties on 19th September, 2011, and 30th September, 2011 was fixed for hearing. The Assistant Registrar after hearing both the parties passed the impugned order dated 19th November, 2011, wherein he has found that the petitioner no. 2 on the basis of the fabricated documents had obtained the renewal of registration of the Society, therefore, he cancelled the renewal of registration of the Society obtained by the petitioner no. 2 and refused to cancel the list of office-bearers submitted by the respondent no. 3 of the year 2011-12, which was registered by him in terms of Section 4 of the Societies Registration Act.;