Devi Prasad Singh - (1.) HEARD the learned counsel for the petitioner.
(2.) THE short question involved in the present petition is as to whether after expiry of period of the term of Committee of Management under Rule, the Registrar has got power to permit the Committee of Management to hold election. According to the petitioner, the elections can be held by the Assistant Registrar himself according to provisions of Section 25 (2) of the Societies Registration Act. The election was held on 16.5.2004. The term expired on 16.5..2007. Accordingly, the submission of the counsel for the petitioner is that the Registrar is to hold election of Sri Guru Singh Sabha, Gurudwara Road, Saharanpur in pursuance to power conferred of Section 25 (2) of the Societies Registration Act. The petitioner had filed Writ Petition No. 63817 of 2007, Harendra Singh Chaddha v. State of U. P. and others, before this Hon'ble Court which was decided finally by the order dated 20.12.2007. Operative portion of judgment is being produced hereunder : "In view of the above, writ petition is disposed of with the direction to the Assistant Registrar to consider and dispose of the representation of the petitioner, Annexure-7 to the writ petition expeditiously preferably within a period of six weeks from the date of presentation of the certified copy of the order." In pursuance to order dated 20.12.2007 (supra), while passing the impugned order the Assistant Registrar admits that the terms of Committee of Management expired but directed that the Committee of Management which was elected in the year 2004 and term expired may hold the election. Observation made by Registrar seems to be not correct. In a case in Managing Committee of Sri Brajendra Jat Higher Secondary School Society and another v. District Inspector of Schools and another, 1985 UPLBEC 1045 the Division Bench of this Hon'ble Court had observed that, after expiry of term of the Management Committee the registrar lacks jurisdiction to entrust the election to the Committee of Management whose terms is expired to hold the election. Relevant paras 20 and 21 of the judgment is reproduced as under : "20. That respondent No. 3 recorded its satisfaction that the term of Committee of Management has expired in the year 2007, but at the same time directed the respondent No. 4 to hold elections within a period of two months from the date of the impugned order, which is manifestly erroneous and, as such, is liable to be quashed. 21. That once the respondent No. 3 is satisfied with the fact that the term of the society has already expired, no election can be held by the aforesaid Committee and it is only the Assistant Registrar/ respondent No. 3 who has the power to hold the elections under Section 25 (2) of the Societies Registration Act."
(3.) IN one another case in U. P. Olympic Association and another v. Registrar, Firms Societies and Chits Funds and others, 1983 UPLBEC 91, a Division Bench of this Hon'ble Court had observed that in case the term of the Committee of Management expired and fresh election of officer bearers has not been held within time specified, Registrar has power to convene election meeting. In case, in 2000 (1) AWC 989, the Division Bench of this Hon'ble Court had retreated the aforesaid portion of law with regard to power of Registrar under Section 25 (2) of the Act.;