High Court of Judicature at Allahabad
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C/M Madarasa Islamia Thru' Secy./Manager v. Asstt. Registrar, Firms, Societies & Chits & Ors. - WRIT - C No. 15872 of 2003  RD-AH 2134 (29 August 2005)
Civil Misc. Writ Petition No. 15872 of 2003
Committee of Management, Madarsa Islamia
Fatehpur and others
Assistant Registrar, Firms, Societies & Chits
Allahabad and others
Hon'ble Vineet Saran, J
Heard Sri Indra Raj Singh, learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
The grievance of the petitioners is that Madarsa Islamia, Fatehpur is a registered Society and is running certain educational institutions in the district of Fatehpur. The elections of the office bearers of the Society have not been held for the last several years and hence this writ petition has been filed with the prayer for a direction in the nature of mandamus commanding the respondent no.1 to exercise his power under section 25 (2) of the Societies Registration Act, 1860 and to hold the election of office bearers of the Committee of Management of the said Society. The submission of the learned counsel for the petitioners is that under section 25(2) of the said Act the Registrar is possessed with powers to issue such direction or to call for a meeting of the general body of such society for electing such office-bearer or office-bearers.
Learned Standing Counsel for the respondents, however, does not dispute this position that the Registrar is possessed of such power and has only submitted that the writ petition may be disposed of with a direction to the Assistant Registrar, Firms, Societies & Chits, Allahabad, respondent no.1 to proceed under section 25(2) of the Societies Registration Act, 1860 in case the grievance of the petitioners is found to be correct.
Accordingly, with the consent of the learned counsel for the parties, this writ petition is disposed of with a direction that in case if with regard to their grievances made in this writ petition, the petitioners approach the Assistant Registrar, Firms, Societies & Chits, Allahabad, respondent no.1, by way of filing a comprehensive representation along with a certified copy of this order, the same shall be considered and decided by the said respondent, in accordance with law, after affording opportunity of hearing to the petitioners and respondent no.4 as well as other concerned persons, if there be any, within two months from the date of filing of the same. In case if the grievance of the petitioners is found to be correct, then the Assistant Registrar, Firms, Societies & Chits, Allahabad, respondent no.1, may invoke his power under section 25(2) of the Societies Registration Act, 1860 and proceed to get the office bearers of the Society elected in accordance with law.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.
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