- (1.) Heard counsel for the petitioners and the learned standing counsel for respondent Nos. 1 & 2. With their consent, this writ petition is being decided finally, without inviting a formal counter affidavit and also without issuing notice to the respondent No. 3, in view of the nature of order, which is being passed, but liberty is reserved in its favour to apply for recall / variation of the order, in case, it feels aggrieved.
(2.) The petitioner Nos. 2 & 3 claim themselves to be the members of the General Body of a registered Society in the name of Darool Uloom Alimia, Mohalla & Post - Jamdashahi, Tehsil - Rudhauli, Basti. The first petitioner is the alleged Committee of Management of the Society. Indisputably, the Prescribed Authority by an order dated 14 May 2015 has disapproved the elections set-up by the petitioners dated 6 July 2014. The order of the Prescribed Authority dated 14 May 2015 is subject matter of challenge by the petitioners before this Court in Writ Petition No. 29908 of 2015. Mohd. Raza, the Manager of the Committee, which was recognised by the Prescribed Authority died on 10 July 2015. The aforesaid post was allegedly filled up by co-option of Musahid Raza (third respondent) in the meeting held on 29 July 2015. It is pointed out that Mohd. Raza, during his lifetime, in a meeting dated 29 May 2015 had cancelled the membership of the petitioners as well as certain other members. According to the petitioners, the said act was contrary to the bye-laws. The third respondent has submitted documents for registration of the list of office bearers under section 4 of the Societies Registration Act, 1860 on 30 July 2015. Along with it, a list of General Body comprising of 100 members has also been submitted, which does not include the names of the petitioners. The petitioners claim to have submitted objections against the same before the Assistant Registrar on 4 August 2015. The petitioners have now approached this Court by way of instant writ petition seeking several reliefs, but the only relief pressed by the learned counsel for the petitioners at the time of hearing is for issuing a direction to the second respondent to consider the objections filed by the petitioners against the expulsion of 42 members from the General Body, before the list is registered.
(3.) Under section 4-B (1) of the Act, the Registrar has been invested with the power to examine the correctness of the list of members of the General Body on the basis of register of members of the General Body and minutes book thereof, cash book, receipt book, membership fee and bank pass book of the Society. Sub-section (2) of section 4-B provides that in case there is any change in the list of members of the General Body of the Society, a modified list of members of the General Body is to be filed with the Registrar, within one month from the date of change. It is implicit in the aforesaid provisions that the Registrar has been invested with the power to examine, as to who are the valid members of the General Body, before the list is registered under section 4-B of the Act.;