Rajes Kumar, J. - (1.) By means of the present writ petition, petitioner has challenged the order of the Assitant Registrar dated 06.02.2001, (annexure-8 to the writ petition) and claimed the following relief: (i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 6.02.2001 (Annexure-8 to this writ petition), passed by the respondent No. 1. (ii) issue a writ, order or direction in the nature of certiorari quashing the contents of the order mentioned in the letter of the branch Manager State Bank of India, Karhal branch, district Mainpuri. (iii) To issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) To award the costs of this petition to the petitioners.
(2.) Brief facts as stated in the writ petition are as follows: There is a society named Karhal Education Society, registered under the Societies Registration Act, 1860. The society was registered on 01.04.1947. It has its own bye-laws, which was approved by the Assistant Registrar. As per Clause 17 of the bye-laws, the term of the office bearer is for one year. The renewal of the registration of the society is prescribed under the Societies Registration Act, 1860 (hereinafter referred to as " Act") after every five year. The last renewal of the society was made w.e.f. 10.10,1990 for five years. Petitioner no.2 was elected as Secretary and petitioner No. 3 was elected as President of the society in the year 1995. Petitioner No. l submitted papers for renewal for another five years. The papers of renewal were kept pending by the Assistant Registrar in his office and it was only after four years registration was renewed on 19.08.1999 for five years. It is alleged that the petitioner received a letter from the Assistant Registrar asking explanation from the petitioners regarding a complaint stating therein that the petitioner was removed from the Secretaryship by resolution of no confidence motion passed against him by the managing committee on 13.08.2000. Petitioner filed the reply pointing out that meeting of the soceity was not held at the college premises on 13.08.2000 at 9.00 A.M. On the other hand meeting was held in the college premises on that very day at 11.00 A.M. in which the persons alleged to have passed the resolution at 9.00 A.M. were present and put their signature. Photocopy of the proceedings held on 13.08.2000 at 11.00 A.M. is annexed as annexure No. 5 to the writ petition. It may be mentioned here that the respondents further claimed that election was held on 19.11.2000 in which Shri Narain Singh Dubey had been elected as President, Assistant Registrar, Agra by the impugned order considered the complaint of the respondents vide letter dated 29.09.2000 and held that on 13.08.2000 a no confidence resolution was passed against Shri Narain Singh Dubey and Shri Shiv Nath Dubey, which has been approved by the general body, hence there is no justification for Shri Narain Singh Dubey and Shri Shiv Nath Dubey to continue on their posts. Assistant Registrar also approved the committee of management of Shri Jagdish Narain Dubey and allowed the renewal under Section 3-A of the Act.
(3.) Heard Sri K. Ajit, learned Counsel for the petitioner and Sri Ashok Khare, learned Senior Advocate, assisted by Sri P.C.Shukla, learned Counsel for the respondents.;