Krishna Murari, J. - (1.) Heard learned counsel for the parties.
(2.) Baraha Saini Vidyalaya Samiti Chhata, Mathura is a society registered under the Societies Registration Act, 1860 (for short 'the Act'). The renewal of the society was lastly made in 1995 which was for a period of 5 years and came to an end in the year 2000. Thereafter, an application for renewal was made on 30.8.2003. The application was made by Prakash Chandra Gupta, the petitioner claiming to have been elected as the Secretary of the Committee of Management of the Society in election held on 10.1.2001. Deputy Registrar vide letter dated 6.9.2003 required the petitioner to file necessary documents in support of his claim. The necessary documents are stated to be filed by the petitioner in the office of Deputy Registrar on 12.9.2003. A complaint dated 15.9.2003 was made by respondent no.3 and one Jag Mohan Varshney before the Deputy Registrar that the petitioner and one Sanmal Das both are claiming to be the Manager of the Society and are acting against the interest of the society as such the complainant may be given an opportunity of hearing in the matter before grant of renewal. Another complaint was filed by respondent no.4. Respondent no.5 also moved an application dated 10.11.2003 for renewal of the society claiming to have been elected as Secretary in the election held on 7.1.2001. Deputy Registrar vide order dated 3.12.2003 granted approval to the election set up by respondent no.5 and granted renewal. Aggrieved, the petitioner has approached this court by filing instant petition.
(3.) It has been urged by learned counsel for the petitioner that there being a bonafide dispute with regard to the election, the same was liable to be referred to the Prescribed Authority under Section 25(1) of the Act and the Deputy Registrar had no jurisdiction in the matter.;