Allahabad High Court
Baijnath Chaudhary And Others vs State Of U.P. And Others on 16 April, 2012
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - C No. - 18774 of 2012
Petitioner :- Baijnath Chaudhary And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- G.K. Singh,V.K. Singh
Respondent Counsel :- C.S.C.,R.K. Pandey,S.K. Dwivedi
Hon'ble V.K. Shukla,J.
In the present case, the petitioners, who are five in number, have aproached this Court assailing the validity of the action undertakn by the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur, proceeding to finalise the list of 30 members as General Body of the society.
The petitioners suubmission has been that on the earlier occasion elections have been held on 4.6.2010, on the basis of the electoral college, which has been so determined, comprising the name of 18 incumbents and the said elections in question has not at all found favour either by the prescribed authority or the the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur. the Assistant Register, Firms,Societies and Chits, thereafter, has chosen to get the elections by invoking the authority vested in him under section 25(2) of the Societies Registration Act, 1860; and, on the said point of time, when such electoral college had been formed, the number of members has been described as 30.
The petitioners are contending before this Court that in the present case the electoral college has been determined without giving any reason whatsoever as to in what manner these 30 members, who have been accepted as members, have been enrolled.
The orders passed by the the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur, reflects that the list of 30 members has been finalised but at no point of time or before proceeding to finalise the said list of members, no objections, whatsoever, has been invited.
Confronted with this situation, the parties to the dispute before this Court, are agreed that the list as published by the the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur, be treated as a tentative list, and liberty be given to the incumbents to file their objections, and, thereafter, the said list in question be finalised, after taking into account the objections so filed.
Consequently, in the facts of the case, the list of 30 members, which has been finalised by the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur, shall be treated as a provisional list and the the Assistant Register, Firms,Societies and Chits, Gorakhpur Mandal, Gorakhpur, is directed to publish the said list as provisional list. He is further directed to invite objections on the said list and after inviting the objections, finalise the said list, preferably, within a period of 8 weeks. Thereafter, after the finalisation of the list, elections of the management committee of the society be held as per the bye-laws of the socity by exercising authority under section 25 of the Societies Registration Act.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 16.4.2012
sks-grade iv
