Tarun Agarwala - (1.) The petitioner has challenged the order dated 22.11.2001 passed by the Assistant Registrar, Firms, Society and Chits under the Societies Registration Act, intimating the petitioner that the papers filed by him with regard to the renewal of the registration of the Society has been rejected and that the renewal of the Society has been made on the basis of the papers submitted by Radhey Lal, Manager on the ground that the renewal of the Society was made in favour of Radhey Lal on 20.12.1980 and on that basis the renewal is now again being made in his favour.
(2.) FOR the last 40-45 years, there has been several rounds of litigation between the parties headed by the petitioner on one hand and the contesting respondent No. 1 on the other hand, with regard to the actual control of the affairs of the Society and its educational institution. It transpires that on 22.12.1980, the Registrar granted renewal of the registration of the Society in favour of Madhav Prasad, the father of the respondent No. 1. Against the said order, the Committee of Management headed by the present petitioner through its erstwhile Manager, filed a Civil Misc. Writ Petition No. 508 of 1981 challenging the order dated 22.12.1980. The said writ petition was eventually dismissed on 13.9.1996 against which Special Appeal No. 152 of 1996 was filed. This special appeal was dismissed as infructuous by an order dated 22.3.2001. The Court held that the adjudication made in the writ petition would have no effect at this stage. Based on the dismissal of the special appeal, the impugned order has been passed renewing the registration of the Society in favour of Radhey Lal on the sole ground that the registration of the society was earlier renewed in his favour on 22.12.1980. Heard Sri P. N. Saxena, senior counsel for the petitioner, and Sri M. K. Gupta and Sri Pankaj Mitthal for the respondents.
(3.) ADMITTEDLY, the Society is registered under the Societies Registration Act, 1860. At the time of the registration, the names, addresses and occupations of the members of the governors council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted was indicated in the Memorandum of Association. The registration of the Society is renewed under Section 3A of the Act for a period of 5 years on an application made to the Registrar. Section 3A (4) of the Act stipulates that every application for the renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the Society or after the renewal of certificate of registration.;