M/S BOARD OF TRUSTEES MIFTAH Vs. REGISTRAR, FIRMS SOCIETIES AND CHITS
LAWS(ALL)-2017-10-155
HIGH COURT OF ALLAHABAD
Decided on October 13,2017

M/S Board Of Trustees Miftah Appellant
VERSUS
Registrar, Firms Societies And Chits Respondents

JUDGEMENT

MANOJ MISRA,J. - (1.) The present petition has been filed against an order dated 12.06.2017 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad Division, Moradabad (in short Assistant Registrar) by which the Assistant Registrar has disapproved the resolutions dated 06.10.2013, 20.04.2014 and 10.09.2015 allegedly passed by the general body of a Society named M/s. Board of Trustees Miftah-Ul-Uloom, Chandpur Bijnor, and, after declaring the management committee time barred, has directed holding of election under section 25(2) of the Societies Registration Act, 1860 (in short the Act, 1860). Apart from above, a direction has also been issued to the Secretary of the time barred Committee, namely, Mohammad Rehan (the petitioner No. 2), to supply a list of valid members of the general body of the Society to enable holding of election after its verification.
(2.) The facts giving rise to the present petition are as follows:- M/s. Board of Trustees, Miftah-Ul-Uloom, Chandpur, Bijnor (in short the Society) is a society registered under the Act, 1860 which seemingly runs a Madarsa and has also established an Inter College. The last election of the office bearers of the Society, according to the own case of the petitioners, was held on 23.06.2011. According to the petitioners, the petitioner No. 2 was elected as Secretary whereas the petitioner No. 3 was elected as President. The election proceedings dated 23.06.2011 were forwarded to the Assistant Registrar for registration of list of office-bearers as well as for renewal of the Society. While the matter was pending with the Assistant Registrar, another election dated 21.12.2012 was set up by one Abdul Sami Siddiqui. The Assistant Registrar, vide order dated 27.05.2013, approved the election dated 23.06.2011 and registered the list of office-bearers which was submitted by the petitioners.
(3.) A review of the order dated 27.05.2013 was sought which was rejected by the Assistant Registrar by order dated 07.07.2013.;


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