- (1.) BY means of present petition, the petitioner has challenged the order dated 15. 10. 2005 passed by the Registrar, Firms, Societies and Chits, U. P. , Lucknow by which he has given the approval to the committee in which Sri Surjit Singh was elected as Manager.
(2.) HEARD Sri Rahul Jain, learned Counsel for the petitioner and Sri Suresh Chandra Dwivedi, learned Counsel appearing on behalf of opposite party Nos. 4 and 5.
(3.) THE contention of the Counsel for the petitioner is that before the Registrar rival claims were made by the petitioner for the approval of his Committee of Management and by the respondent Nos. 4 and 5. He submitted that the petitioner claimed that Sri Om Prakash Yadav was elected as Manager and Dr. Raja Ram Jha was elected as President in an election held on 1. 9. 2004. Sri Surjit Singh claimed that he was elected as Manager and Sri Shree Krishna Shakya was elected as President in an election held on 5. 9. 2004. The necessary documents were produced from both the sides. He submitted that in paragraph-18 of the counter affidavit, the Assistant Register has admitted the claim of the petitioner about the proceeding held on 1. 9. 2004 as correct. He submitted that since there was a dispute of the election and office bearers by the two rival committees, the Assistant Registrar has no jurisdiction to adjudicate the issue and should have referred the matter to the Prescribed Authority for adjudication under section 25 (1) of the Societies Registration Act (hereinafter referred to as the 'act' ).;