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The Kanpur Bar Association & Another v. Dy. Registrar Firms, Society & Chits & Others - WRIT - C No. - 55891 of 2007  RD-AH 18474 (29 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 21
Civil Misc. Writ Petition No. 55891 of 2007
The Kanpur Bar Association and another ........... Petitioners
Deputy Registrar, Firms, Societies & Chits,
Allahabad and others ....... ...... ...... .Respondents
Hon'ble Janardan Sahai, J
This petition arises out of a dispute relating to the election of Kanpur Bar Association, a Society registered under the Societies Registration Act, 1860. It appears that petitioenr no.2 Sri Avinash Chandra Bajpai was elected as the General Secretary and Sri Manharan Awasthi was elected as the President in an alleged election of the society said to have been held on 25.5.2006. It appears that respondent nos. 4, 5 and 6 challenged the aforesaid election on various grounds and made a joint application before the Deputy Registrar Firms, Societies & Chits, Kanpur for referring the dispute to the prescribed authority under Section 25 of the Societies Registration Act. The Deputy Registrar by his order dated 2.8.2006 referred the dispute to the prescribed authority. This order dated 2.8.2006 was challenged by the petitioners in writ petition no. 45111 of 2006 which was allowed/disposed of with the direction to the Deputy Registrar, Firms Societies & Chits, Allahabad to entertain the proceeding being transmitted by the Deputy Registrar, Firms, Societies & Chits, Kanpur Nagar and to take a decision in the matter after giving opportunity to both the sides. In pursuance of the order of this court dated 2.2.2007 the Deputy Registrar, Firms, Societies & Chits Allahabad has passed the impugned order transmitting papers to respondent. 1 Deputy Registrar, Firms, Societies & Chits, Kanpur Nagar to refer the dispute to the prescribed authority. It appears that after the dispute had been referred to the prescribed authority an interim injunction restraining the petitioners from making construction was passed by the prescribed authority on 2.11.2007. This order was subsequently stayed by the prescribed authority by his order dated 5.11.2007. The present writ petition has been filed against the order of the Deputy Registrar, Firms, Societies & Chits, Allahabad dated 27.9.2007 as well as against the interim order dated 2.11.2007 passed by the prescribed authority.
There was some dispute raised by the petitioners that this court vide its dated 2.2.2007 in writ petition no. 45111 of 2006 had directed the Deputy Registrar, Firms, Societies & Chits, Allahabad to decide the whole dispute and that the said order was passed on the consent given by the parties. An order was passed by this court in this writ petition on 14.11.2007 that the papers be placed before the Hon'ble Chief Justice for the matter being placed before the Hon'ble S.K. Singh J as there was a dispute relating to the intent of the order passed by His Lordship. An order has now been passed by Hon'ble S.K. Singh, J that the order of the Assistant Registrar, Firms, Societies & Chits, Kanpur Nagar was set aside as agreed by both the parties but there were no fetter imposed upon the Assistant Registrar to pass appropriate order. After recording this finding, the matter has been sent back to the regular bench
I have heard Sri P.N. Saxena learned senior counsel assisted by Sri R.S. Misra and Sri Ravi Kiran Jain learned senior counsel assisted by Sri Prabhakar Awasthi counsel for respondent nos. 4 to 6.
It is clear from the order of the Deputy Registrar, Firms, Societies & Chits, Allahabad impugned in this petition that there was an election dispute and the matter was required to be referred to the prescribed authority under section 25 of the Societies Registration Act. Indeed counsel for the petitioner did not make any submission that the dispute which was referred to the prescribed authority was not an election dispute From the allegation made in the joint application made by respondent nos. 4,5 & 6 and also from the order passed by the Deputy Registrar, Firms, Societies & Chits, Allahabad it is evident that the dispute was an election dispute relating to the office bearers of the society and therefore the order passed by the Deputy Registrar, Firms, Societies & Chits, Allahabad appears to be correct.
Counsel for the petitioner, however, submitted that the order of the prescribed authority granting injunction was without jurisdiction inasmuch as the prescribed authority exercises limited jurisdiction. It is not disputed that the operation of that order has already been stayed by the prescribed authority. As the matter is still pending consideration of the prescribed authority, it is not necessary to express any opinion upon this point. It is open to the parties to make their respective submissions before the prescribed authority itself. The prescribed authority shall try to decide the matter expeditiously and if possible within a period of two months from the date a certified copy of this order is filed before him by either of the parties. Counsel for the parties states that their respective clients will cooperate in the proceedings and will not seek unnecessary adjournment.
With these observations, this writ petition is disposed of.
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