JUDGEMENT
DILIP GUPTA, J. -
(1.) THE petitioners have sought the quashing of the order dated 31st October, 2007 passed by the Commissioner, Azamgarh Division, Azamgarh by which the appeal filed by respondent No.3 Ram Kripal Shukla under Section 12-D(2) of the Societies Registration Act, 1860 (hereinafter referred to as the ''Act') for setting aside the order dated 28th October, 2006 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh (hereinafter referred to as the ''Assistant Registrar') under Section 3-A of the Act was allowed.
(2.) THE sole contention advanced by Sri Rajendra Rai, learned counsel for the petitioners for setting aside the order is that appeal does not lie to the Registrar under Section 12-D(2) of the Act against an order passed under Section 3-A of the Act and in support of his contention, he has placed reliance upon a Division Bench judgment of this Court in Shiksha Parishad, Nagwa, Ballia and Anr. Vs. Deputy Registrar, Firms, Societies and Chits, Faizabad Division, Faizabad and Anr., (1998) 1 UPLBEC 290.
Section 3-A of the Act, as amended in the State of U.P., deals with renewal of certificate of registration of the Society and provides that a Society registered under Section 3 of the Act shall, on application made to the Registrar within one month of the expiration of the period mentioned in Section 3-A(1) of the Act and on payment of fee, be entitled to have its certificate of registration renewed for five years at a time.
(3.) SECTION 3-B of the Act, as amended in the State of U.P., provides that if any question arises whether any Society is entitled to get itself registered in accordance with Section 3, or to get its certificate of registration renewed in accordance with Section 3-A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final.;
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