The Allahabad High Court has stayed the order passed by the Assistant Registrar, Societies on March 9, 2022, while hearing the petition related to the election of the Akhil Bhartiya Kesarwani Vaish Maha Sabha.
A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Akhil Bhartiya Kesarwani Vaish Maha Sabha.
The argument advanced by the counsel for the petitioner is that while by one Anil Kumar Gupta, the contesting respondents got a writ petition filed before this Court seeking a direction to the Deputy Registrar, Society to take stock of the situation with regard to the election activities being initiated by Rajiv Kumar Gupta, an order was passed directing the Assistant Registrar, Societies to look into his application and disposed of the same and yet the Assistant Registrar did not issue any notice to the petitioners to afford an opportunity of hearing much less a reasonable opportunity of hearing in the matter and proceeded to pass orders in purported exercise of power under Section 25(2) of the Societies Registration Act, 1860, which is not sustainable.
It is also argued that as per by-laws of the Society, the Manager of the outgoing Committee of Management has been provided with the cooling period of six months to continue in office and thereafter hold elections, accordingly. And that being the situation, the Committee of Management which is still existing, has the authority to hold elections of the office bearers of the Society.
From the perusal of the order as well as the bye-laws of the Society, prima facie argument advanced by the counsel for the petitioner appears to have substance, the Court observed.
“Let notices be issued to respondents no 3 & 4 returnable within eight weeks. Steps for services will be taken within two weeks.
By the next date, all the respondents may file a counter affidavit.
Meanwhile, until further orders of the Court, the effect and operation of the order passed by the Assistant Registrar, Societies dated 09.03.2022 shall remain stayed.
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However, if any elections are held in the meanwhile of the Committee of Management, the same shall not be given effect to without leave of the Court,” the Court ordered.