D.P.SINGH, J. - (1.) HEARD Counsel for the petitioner, learned Standing Counsel and Sri S.A. Jilani for the respondents.
(2.) THIS petition is directed against an order dated 24.12.2003 passed by the Assistant Registrar, Firms, Societies and Chits, Agamgarh Region, Azamgarh refusing to register the names of the office bearers of the petitioner-Committee and registering the names of the respondents and issuing a certificate to that effect. Swami Ram Narayan Acharya Shiksha Sansthan, Belthara Road in district Ballia is a duly registered Society under the Societies Registration Act, 1860.The Society runs a degree college of the same name which is affiliated to the Poorvanchal University, Jaunpur. Under the Bye-laws, the election to the Committee of Management of the Society is held every five years. There was no dispute till the elections of 1998, however, for the fresh elections of 2003, the petitioners claimed to have been elected in the election held on 10.10.2003 and forwarded the list of office bearers to the Assistant Registrar for registering it under Section 4-A of the Act and for issuance of a renewal certificate. The respondents also claimed elections where they were elected on 9.11.2003 and they also similarly placed their claim before the Assistant Registrar. The Assistant Registrar instead of referring the matter to the Prescribed Authority, after recording a finding that the petitioner had failed to produce the record of their elections, passed the impugned order.
(3.) SEVERAL arguments have been raised by the petitioners, but the principal argument is that the impugned order was passed without any reasonable opportunity to them.;