- (1.) This special appeal at the instance of the Appellants is directed against the judgment and order dated 13.9.1994 dismissing the writ petition on the ground that the Appellants have an alternative remedy available under the Societies Registration Act, (hereinafter referred to as the Act).
(2.) The Appellants allege that their society in the name and style of Bhartiya Vidya Prasar Sangh, Rajpur, Kanpur Dehat was registered under the provisions of the Act on 25th January, 1965. It is further alleged that the renewal of the registration certificate of the society was granted for a period of two years on 10.10.1977 and thereafter on 27.12.1980 for the period ending 10.10.1981 whereafter the Society became an unregistered society. It is also alleged that on their application for renewal, the Deputty Registrar, Firm Societies and Chits, U.P. Kanpur on 28.1.1994 granted renewal for a period of five years with effect from 10.10.1990. It appears, on coming to know about the said renewal of registration in favour of the Appellants, Respondent No. 3 filed an objection before Respondent No. 2 claiming that the Appellants have obtained renewal of certificate of registration by misrepresentation and practising fraud. On receipt of that objection, Respondent No. 2 found that the claim of Respondent No. 3 is well-founded and as such, set aside the order granting renewal of certificate of registration in favour of the Appellants. This was challenged by means of a writ petition under Article 226 of the Constitution but the same was dismissed on the ground that Appellants have a statutory alternative remedy available under the Act.
(3.) Sri Uma Kant, learned Counsel for the Appellants urged that in fact Respondent No. 2 has no Jurisdiction to pass the impugned order under Section 12D of the Act and as such, Appellants have no alternative remedy available under the Act. Learned Counsel for the Appellants while elaborating his argument contended that in fact the dispute was between the two rival parties and each one was claiming to be the validly elected body and in such a situation, it was incumbent upon Respondent No. 2 to have referred the matter for adjudication under Section 25 of the Act and as such, the impugned order passed by Respondent No. 2 is void and without Jurisdiction and not appealable. in support of his argument, learned Counsel for the Appellants relied upon a decision of this Court in the case of Khapraha Educational Society and Anr. v. Assistant Registar, Firms, Chits and Societies and Anr.,1993 ESC 201.;