S.S. Sodhi, C.J. - (1.) THE matter here pertains to the renewal of the registration of a Society, registered under the Societies Registration Act, 1860 (hereinafter referred to as 'The Act') in the context of the claim for such renewal by different persons founded upon their conflicting assertions of being validly elected and in effective control of the affairs of the Society. Renewal of registration was sought by the Jawahar Lal Nehru Uchchatar Madhyamik Vidyalaya, Bargahpur Lehra (Society) in District Maharajganj. Three persons, namely, S/Sri Nagendra Kumar Misra, Gobari and Rajmani Prasad sought renewal of the Society on the basis of what they claimed were valid elections in which they were duly elected. The Assistant Registrar, Finns, Societies and chits Gorakhpur purporting to Act under Sec. 3 -A of the Act granted renewal of registration of the Society in favour of Sri Narendra Kumar Misra. It is this order which was challenged in the writ proceedings.
(2.) A reference to the statutory provisions shows that the Registrar is, in terms of Section 3 -A of the Act, empowered to renew the registration of a Society. What is important to note here are the provisions of section 3 -B of the Act, which read as under: 3 -B. Reference to the State Government - -If any question arises whether any Society is entitled to get itself registered in accordance with Sec. 3 or to get its Certificate of Registration renewed in accordance with Sec. 3 -A, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final. A plain reading of this provision shows that it deals only with renewal of Certificate of Registration and not with any dispute relating to election of office bearers of the Society. Such disputes, that is, disputes relating to election of office bearers are dealt with under Section 25 of the Act, the relevant part of which is reproduced hereunder: 25. Disputes regarding election of office bearers - -(1) The Prescribed Authority may, on a reference made to it by the Registrar or by at least one -fourth of the members of a society registered in Uttar Pradesh, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an office -bearer of such society, and may pass such orders in respect thereof as it deems fit.
(3.) IN the face of this clear statutory provision there can be no escape from the conclusion that the Assistant Registrar, while dealing with renewal of a Society under Sec. 3 -A of the Act, is not empowered to embark upon an enquiry or adjudication into the validity of the election of the person claiming renewal of such Society. All that the Assistant Registrar is concerned with there is whether or not the Society is entitled to renewal of Registration, Sec. 3 -B of the Act makes it further clear, when it provides that the matter may be referred to the State Government and finality is only with regard to the registration or renewal of the Society. There too no mention is made regarding enquiry or adjudication of the dispute relating to election of the office bearers of the Society.;