HIRA LAL Vs. REGISTRAR FIRMS
LAWS(ALL)-1994-8-22
HIGH COURT OF ALLAHABAD
Decided on August 31,1994

HIRA LAL Appellant
VERSUS
REGISTRAR, FIRMS, CHITS AND SOCIETIES Respondents

JUDGEMENT

S.P.Srivastava, J. - (1.) HEARD the counsel for the petitioner.
(2.) PERUSED the record. The petitioner has sought for the quashing of an order passed by the Deputy Registrar, Cooperative Societies respondent no 2 dated 3-12-93 where under in the proceedings under section 12-D of the Cooperative Societies Act, the registration of the Society for the period mentioned in the order was cancelled and as a consequence of the findings recorded under that order exercising the jurisdiction envisaged under section 25 (2) of the Societies Registration Act as applicable to the State of U. P. it was held that the office bearers of the Committee of Management had ceased to be in the office to the effect from 25-7-90. The petitioner has further sought for the quashing of the notice dated 17-5-94 where under the Deputy 'Registrar Cooperative Societies required the production of the relevant documents for determining the list of valid members of the Society so that the fresh election could be held pursuant to the order dated 3-12-93. The petitioner has further prayed for the quashing of the order of the respondent no. 1 where under the application of the petitioner dated 22-5-94, a copy of which had been sent to the respondent no. 1 was rejected indicating that order passed by Deputy Registrar, Agra could not be reviewed.
(3.) THE order passed by the Deputy Registrar dated 3-12-93 cancelling the registration exercising the jurisdiction under section 12-D (1) of the Societies Registration Act as applicable to the State of U. P. is an appealable order. It may be noticed that the cancellation of the certificate of renewal of registration has the same effect as the cancellation of the registration as in both cases the Society is reduced to a mere association of persons which can not utilise any benefit consequent upon registration as provided for under the Societies Registration Act It is the order leading to such an effect which is made appealable under section 12-D (2) of the Act as applicable to the State of U. P. A statutory right of appeal against such an order stands provided under section 12-D (2) of the Act. The controversy raised by the petitioner involves investigation into disputed question of facts as is apparent from the perusal of the order dated 3-12-93 which indicates that the matter had been seriously contested.;


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