Devi Prasad Singh - (1.)HEARD learned counsel for the parties. Precisely, the substantial question of law involved in the present writ petition is whether the tenure of the Committee of Management may be extended by resolution of the general body instead of electing the office-bearers in accordance with the procedure provided in the bye-laws of the society?
(2.)ALJAMIYA Tul Islamia Lil Banaat Educational Society, Dhaura, Tanda, district Bareilly, in short, Society is a society, registered under the Societies Registration Act. The society runs a Madarsa with the name and title of Aljamiya Tul Islamia Lil Banaat, in short Madarsa. By the impugned order, the Assistant Registrar, Firms, Societies and Chits, Bareilly has allowed an amendment done in the bye-laws of the society vide alleged resolution of the general body dated 25.3.2007.
Sri Ashok Khare, learned senior counsel, assisted by Sri Ismamul Rahman Khan submits that the Assistant Registrar while passing the impugned order has exceeded its jurisdiction and the matter could have been referred to the prescribed authority under sub-section (1) of Section 25 of the Societies Registration Act. He submits that the order has been passed without providing reasonable opportunity of hearing to the petitioners and the affected parties.

However, while defending the impugned order, it has been submitted by Sri Mahtab Alam that the Assistant Registrar has got jurisdiction to pass the impugned order and it has been passed with due opportunity of hearing to the parties. It has been submitted that only election dispute may be referred to the prescribed authority and not a controversy with regard to amendment in the bye-laws of the society by which the total members of the general body have been increased from 11 to 34. Admittedly, the election of the Committee of Management was held in March, 1999.

(3.)BEFORE the term expired, a general body meeting of the society was called on 4.3.2004. Out of 11, 9 members had appeared and by resolution passed in the said meeting, the term of the Committee of Management was extended for five years. The copy of the resolution has been filed as Annexure-3 to the writ petition. It has been stated that the resolution dated 4.3.2004 was confirmed in the subsequent meeting of the general body dated 3.4.2004. The petitioners filed an application before the Assistant Registrar for the renewal of registration certificate for the period of five years from 10.3.1999. In the meantime, one Sri Abdul Jaleel moved an application dated 8.4.2004 before the Assistant Registrar claiming himself to be new general secretary. The Assistant Registrar has issued a notice dated 29.4.2004 calling upon the petitioners to submit reply. It was stated before the Assistant Registrar by the petitioners that since Abdul Jaleel could not get elected, he had set up a false case with regard to the office of General Secretary. Alongwith reply/objection dated 12.5.2004 (Annexure-7), the petitioners have also filed an affidavit of seven members of the general body to establish that Sri Abdul Jaleel was not General Secretary ; rather the term of earlier office-bearers was extended for five years. However, Sri Abdul Jaleel has also staked his claim and later on moved an application stating that the general body meeting was convened on 25.3.2007 wherein out of 45 members, 32 appeared. By amendment, it was provided that the maximum number of members of the Management Committee would be 25 and minimum would be 11. Sri Abdul Jaleel filed an affidavit also to establish his claim. In response to it, the petitioners stated that no meeting of the general body was held to carry out the amendment and 34 names have been added by interpolation and on objections filed by the petitioners the notice was also issued to Sri Abdul Jaleel.
The Assistant Registrar at his end, by the impugned order dated 9th May, 2008 decided to register the amendment keeping in view the papers submitted by Sri Abdul Jaleel and the objections filed by the petitioners were rejected. A copy of the impugned order dated 9th May, 2008 has been filed as Annexure-15 to the writ petition.