S.P.Srivastava, J. - (1.) HEARD the counsel for the petitioners.
(2.) PERUSED the record. The Petitioners have sought for the quashing of an order passed by the Deputy Registrar Firms Societies and Chits, U. P. Kanpur, respondent no. 2 dated 2 8- 94 where under the certificate dated 28-1-94 of renewal of registration of the Society known us Bharati Vidya Prasar Sangh, Rajpur. Kanpur which had been issued to Kranti Kumar Chaturvedi, petitioner no. 1 had been cancelled and a further direction had been issued to renew the registration on the basis of the papers submitted by Shri Mukut Singh and register the Committee of Management for the year 1994-95 as submitted by him under section 4 (1) of the Act. The respondent no 2 in his aforesaid order has cancelled the certificate of renewal on the ground that it had been obtained by misrepresentation and fraud. The petitioner has asserted that the Society in the name and style of Bharati Vidya Prasar Sangh, Rajpur, Kanpur, Dehat had been registered under the provisions of the Societies Registration Act on 25-1-65. It is further asserted that the renewal of the registration certificate of the Society was granted for a period of two years on 10-10-77 and thereafter on 27-12-80 for the period ending 10-10-81 whereafter the Society became an unregistered Society It is claimed that on the application of the petitioner, the certificate of renewal of registration was granted on 28-1-94 for a period of five years with effect from 10-10-90 Thereafter on the complaint of the respondent no. 1 proceedings for the cancellation of the renewal certificate issued on 28-1-94 were initiated which culminated in the impugned order.
(3.) THE assertion of the petitioners is that the impugned order it without jurisdiction and has been passed without affording any opportunity of hearing to them. it is further asserted that in the proceedings under section 12-D of the Act, the registration of the Society can be cancelled but no order for cancelling the renewal of registration can be passed THE assertion is that section 3 of the Societies Registration Act provides for the registration of the Society and the provisions contained in section 3-A of the said Act provides for renewal of the certificate of registration and if any question arises whether any society is entitled to get it registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3-A, the matter has to be referred to the State Government as provided under section 3 B of the Act and the decision of the State Government thereon has to be final. The learned counsel for the petitioners has contended that in the circumstances, the respondent no. 2 had no jurisdiction to pass the impugned order.;