Societies Registration Act- Deputy Registrar Cannot Decide Validity Of Election: Allahabad High Court
The Court was considering a Writ Petition against an order passed by the Deputy Registrar upholding validity of elections in a Division.
Justice Subhash Vidyarthi, Allahabad High Court, Lucknow Bench
The Allahabad High Court has held that an election dispute cannot be decided by the Deputy Registrar and it can only be decided by the Prescribed Authority under Section 25 of the Societies Registration Act.
The Court was considering a Writ Petition against an order passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow, under Section 25(1) of the Societies Registration Act, holding that the election of Arya Pratinidhi Sabha was conducted in accordance with law.
The Bench of Justice Subhash Vidyarthi held,"Although the learned counsel for the parties have advanced elaborate submissions, they could not dispute the legal position that an election dispute cannot be decided by the Deputy Registrar and it can only be decided by the Prescribed Authority under Section 25 of the Societies Registration Act."
The Petitioner was represented by Advocate Santosh Kumar Tripathi, while the Respondent was represented by Advocate Ashwani Kumar.
Counsel for the Petitioners had submitted that the Deputy Registrar had no jurisdiction to pass any order regarding validity of elections and such a dispute can only be referred by the Deputy Registrar for adjudication to the prescribed authority. As the Deputy Registrar has himself decided the validity of elections, the order is without jurisdiction.
The Court accepted the submission and the apprehension that till the time the election dispute is decided by the Prescribed Authority, no action adverse to the interests of the society may be taken by the persons in charge of the affairs of the society in the interregnum period.
The Petition was accordingly allowed.
Cause Title: Arya Pratinidhi Sabha Thru. President Pradhan Dr. Ram Ratan Chaturvedi And Another v. State Of U.P. Thru. Its Addl. Chief/Prin. Secy. Deptt. Of Finance Lko. And 5 Others (2025:AHC-LKO:86208)
Appearances:
Petitioner- Advocates Santosh Kumar Tripathi, Harsh Vardhan Mehrotra and Maria Fatima
Respondent- Chief Standing Counsel, Advocate Ashwani Kumar, Advocate Karunanidhi Yadav
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