A.P.SAHI,J. - (1.) HEARD Sri Rahul Sripat learned counsel for Ram Prakash Singh the petitioner and Sri Yatindra for Bhedjeet Singh respondent no.3 as well as learned standing counsel for the respondent nos. 1 and 2.
(2.) THIS writ petition questions the legality of the order dated 12.12.2008 passed by the Deputy Registrar, Firms, Societies and Chits, Agra whereby he has proceeded to hold that the petitioner has failed to establish that he is a valid member of the Society and consequently he did not have any authority to get the list of office bearers registered or get the amendments made in the bye-laws of the Society, and further proceedings consequential thereto have also been rejected keeping in view the background of the case. The facts in brief, are that the dispute appears to have arisen in respect of the membership of the general body of the society as well as the consequential elections periodically. The matter came up before this Court and a direction was issued to the Prescribed Authority to take a decision into the matter. The Prescribed Authority vide order dated 10.3.2006 came to the conclusion that since the dispute between the parties had come to an end therefore he would not further proceed to decide the matter, leaving it open to the Deputy Registrar to take a decision at his end. It is to be noted that the respondent no.3 was not a party to the said proceeding.
(3.) THEREAFTER it appears that since the membership of the general body of the Intermediate College managed by the petitioner's society and that of the society are alleged to be the same, the dispute was carried on before the educational authorities in respect of the elections of the Intermediate College. It was found therein that the term of the committee of management had expired and consequently an Authorised Controller was appointed under the Scheme of Administration to conduct the election of the Committee of Management of the Intermediate College established by the society. In the said proceedings, the Authorised Controller vide order dated 25.5.05 did not accept the petitioner as a member and on the strength of the list of 78 members elections were held. Learned counsel for the petitioner alleges that the said order was modified on 14.6.2005 by which the Authorised Controller had held that the petitioner Ram Prakash Singh is a member which fact has been seriously disputed by Sri Yatindra . On the strength of the order of the Regional Level Committee it is urged that the membership of the petitioner has been rejected. A perusal of the bye-laws of the society indicates that bye-laws have been amended and the tenure of the Committee of Management of the Society is provided for as five years.;