ARUN TANDOU, J. - (1.) PHILANTHROPIC Education Society, Gaumat, District Aligarh is a Society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The registration certificate of the said Society was renewed upto 10th October, 1995. Thereafter for certain reasons further renewal of the Society was neither applied for nor was granted. Sri Brij Mohan Upadhyay, petitioner No. 2, claiming himself to be the Secretary of the said Society on the basis of fresh elections of the office bearers said to have taken place on 11.5.2003, filed an application for renewal of the registration of the Society as well as for registration of the list of newly elected office bearers. The Deputy Registrar of the Firms, Societies and Chits, Agra, on receipt of the aforesaid papers vide notice dated 24.5.2003, required the persons mentioned in the notice to submit their objections and thereafter, by means of order dated 30.10.2003, renewed the registration certificate of the Society and registered the list of office bearers of the Society as submitted by Sri Brij Mohan Upadhyay.
(2.) SRI Rajendra Prasad Mittal and Sri Mahavir Singh respondent Nos. 3 and 4 respectively, claiming themselves to be the Secretary and President of the said Society filed objections before the Deputy Registrar of the Firms, Societies and Chits, Agra on 20.1.2004, wherein it was stated that Sri Brij Mohan Upadhyay was not even the primary member of Society and he had no authority to submit the papers for renewal of the registration certificate or for registration of list of office bearers. It was, therefore, requested that the order dated 30.10.2003 be recalled. On the said application of respondent Nos. 3 and 4 the Deputy Registrar issued notice to the petitioner and by means of order dated 12.4.2004, held that Sri Brij Mohan Upadhyay was not even primary member of the Society and therefore, he had no right to seek renewal of the Society nor the papers submitted by him were liable to be accepted. Accordingly the order dated 30.10.2003 was rendered non -est. The Deputy Registrar further directed that the list of office bearers as submitted by Sri Rajendra Prasad Mittal for the years 2003 -04 and 2004 -05 be registered.
(3.) THE order dated 12.4.2004 passed by the Deputy Registrar of the Firms, Societies and Chits, Agra was challenged by Sri Brij Mohan Upadhyay, petitioner No. 2, along with one Sri Gopal Sharma, by means of Writ Petition No. 16449 of 2004. The said writ petition was allowed by this Court by means of order dated 13.5.2004. The order of Deputy Registrar dated 12.4.2004, was quashed and the matter was remanded to the Deputy Registrar of the Firms, Societies and Chits, Agra for passing fresh order after hearing the parties. In compliance of the order of this Court referred to above the Deputy Registrar of the Firms, Societies and Chits, Agra has passed the impugned order dated 31.8.2004 which fias been enclosed as Annexure -29 to the present writ petition.;