S.B. Sinha, J. - (1.) THE Court: this application is directed against an Order dated August 27, 1993 passed by the Respondent No. 2, Additional Registrar of Firms, Societies and Non -Trading Corporations, West Bengal and the order dated Match 8, 1994 passed by the Respondent No. 1, Registrar of firms, Societies and Non -Trading Corporations, West Bengal as contained in Annexures 'E' and 'G' respectively to the writ application. The basic fact of the matter is not in dispute. There exists a society commonly known as 'United Bank of India Scheduled Casts/Scheduled Tribes Employees' Welfare Council' (hereinafter referred to as the 'said Society'). The said Society has its Registered office at 16, Old Court House Street, Calcutta -700001. The Petitioners who are 14 in number and the Respondents Nos. 3 to 20 claim themselves to be the office bearers and/or members of the said Society: The inter se disputes between the Petitioners and the private Respondents appear to be that they are managing and/or controlling the affairs of the said Society, the Petitioners, however, contend that the said Respondents were removed from the committee and, in fact, the erstwhile General Secretary, Shri Amalendu Haider, was removed from the primary membership of the Committee.
(2.) PURSUANT to the order of this Court records of the matter have been placed before me by the Learned Counsel appearing on behalf of the Respondents has. i and 2. From the said records it appears that a letter had been written by the General Manager of the United Bank of India on October 28, 1993 addressed to the Registrar of Firms, Societies and Non -Trading Corporations stating. The United Bank of India S Cs/S Ts Employees' Welfare Council is a Registered Body under Registration No. S/30010 issued by your office and the said Council is operating in our Bank for the welfare of SC/ST employees. Recently it is observed by our Bank that two of the leaders representing two factions of the said S Cs/S Ts. Employees Welfare Council filed their annual Returns to your office separately on different dates for renewal of registration. One of them Sri Amulya Kr. Majumder submitted to us one letter; field (copy enclosed) and the other Sri Amaiendu Haider; submitted one Money Receipt (copy enclosed) issued by your Office claiming as the true holder of the Registration Certificate issued under Serial No. S/30010. In view of the above we are not in a position to ascertain out of the two groups of the claimants who is the true holder of the Registration Certificate No. S/ 30010 issued by your Office. We shall deem it a favour if you kindly enlighten us as to the actual position in this regard. The additional Registrar of Firms, Societies and Non -trading Corporations, however,? was of the opinion that he had no jurisdiction in such matters. It, however, appears that by a. letter dated August 27, 1993 Shri Amulya Kumar Majumder was informed that with reference: to his prayer dated August 18, 1993 a list of the Central Committees of the said Society for the term 1993 to, 1995, as was evident from the Annual Return of the Society for the year 1992 had been submitted on August 2, 1993. It further appears that Shri Amaiendu Haider was directed by the said Additional Registrar of Firms, Societies and Non -Trading Corporations, West Bengal by a letter dated February 8, 1994 to bring the pass Book of account No. S/3019 of the said Society of any other. documents from the Bank to justify the Annual Return. The said direction was issued to Shri Haider by the said Authority in exercise of his power conferred upon him under Sec. 22(1) of the West Bengal Societies' Registration Act, 1961 (hereinafter called and referred to as 'the said Act').
(3.) FROM the impugned order as contained in Annexure 'G' -to the writ application it appears that an opportunity of hearing was given to the parties whereafter a purported declaration was made that Shri Amulya Kumar Majumder was declared to be the General Secretary of the said Society. Mr. Jishnu Sana, Learned Counsel appearing on behalf of the Petitioners, has raised four contentions in support of this writ application. Mr. Saha firstly submitted that the Respondent No. 2 had no jurisdiction to pass the impugned order in terms of the provisions of the said Act, He further submitted that in any event from the Notice served upon the parties it would be evident that the parties were directed to use the documents in respect of the Annual Return submitted by both factions and, thus, the parties had not been given an opportunity of being heard as to whether the said Shri Majumder was the General Secretary of the Committee or not. The Learned Counsel further submitted that a bare perusal of the Notice dated February 8, 1994 would reveal that no application had been filed by the private Respondents and, thus, no dispute having been pending for adjudication by the Respondent No. 2, he had no authority or jurisdiction to pass the impugned order. It was lastly contended by Mr. Saha that no dispute having ever, been raised as to who was the validly elected General Secretary, the Respondent No. 2 could not have adjudicated thereupon.;