D.K.Seth, J. - (1.) The petitioners allege that they have raised a dispute with regard to the continuance in office of an office-bearer but the same was decided by an order dated 30.9.1997 which is Annexure 12 to the writ petition. According to them the Asstt. Registrar was Incompetent in deciding the said dispute within the meaning of Section 25 of the Societies Registration Act, 1860 (hereinafter referred to as the Act) and it was incumbent on him to refer the same to the Prescribed Authority.
(2.) Sri N.A. Khan, learned Counsel for the petitioners contends that in the garb of deciding the dispute with regard to membership, the question under Section 25 of the Act cannot be gone into by the Assistant Registrar.
(3.) Sri Ashok Khare, learned Counsel for the respondents, on the other hand, contends that the registration certificate was account to be renewed and the same was allowed. After the certificate of registration was renewed, an objection was filed by the petitioners themselves by order dated 30.9.1997 the said objection had been decided against the petitioners. He points out from the said order that the Assistant Registrar has found that the petitioner No. 2 was not an ordinary member of the Society on the basis of the records and had disbelieved the case of the petitioners that petitioner No. 2 was such a member of the said Society. Therefore, according to Sri Khare the objection against certificate of renewal cannot be treated to be a doubt or dispute with regard to election or continuance in office of an office bearer and is not amenable to Section 25 of the Act. Secondly he contends that the Assistant Registrar is competent to decide the membership. If a person is not a ordinary member, in that event he cannot be an office bearer. If primarily a person is not a member he cannot raise a dispute under Section 25 of the Act. He further contends that it is well within the Jurisdiction of the Assistant Registrar to decide the question of membership which does not come within the purview of Section 25 of the Act. Sri Khare contends that by a reasoned order passed in this writ petition, the alleged l/4th members of the Society have purported to seek a reference under Section 25 of the Act on the basis of the certificate, the Prescribed Authority is in cession of the said reference which is still pending.;