Petitioner seeking mandamus under Societies Registration Act, 1860 for decision on membership dispute. Court directed respondent to dispose of complaint within eight weeks after providing notice and hearing opportunity.
Directed second respondent to pass order on pending complaint within eight weeks providing notice and opportunity of hearing.
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Court No. - 19
Case :- WRIT - C No. - 17230 of 2018
Petitioner :- Mohan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Surat Patel Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
Hon'ble Manoj Kumar Gupta,J.
The petitioner claims himself to be the life member of the registered society in the name Shiksha Prasar Samiti, Satoh District Jalaun. He claims to have filed a complaint before the Assistant Registrar, Firms Societies and Chits, Jhansi Region, Jhansi, in which he made request for deciding the membership dispute under Section 4-B and for conduction election in exercise of power under Section 25(2) of the Societies Registration Act, 1860. According to the petitioner, the Assistant Registrar taking cognizance of the complaint filed by him, issued notice on 7.2.2018 to respondents 4 and 5 to submit their reply fixing 5.3.2018. According to the petitioner, on that day, hearing did not take place and thereafter despite the petitioner having filed an application before the second respondent to fix a date for disposal of the dispute, no date has been fixed and therefore instant writ petition has been filed seeking a mandamus commanding the second respondent to fix a date for hearing and decide the same by passing appropriate order.
Learned standing counsel appearing on behalf of the State respondents and Sri Krishna Kumar Chand, appearing on behalf of respondent no.3 stated that in case the complaint has not yet been disposed of, the same shall be decided within such time as may be directed by this Court.
Accordingly, without expressing any opinion on merits of the case, the instant writ petition is disposed of by directing the second respondent to pass appropriate order on the complaint filed by the petitioner, if not already decided, within a period of eight weeks from the date of production of a certified copy of this order after giving due notice and opportunity of hearing to the other side.
(Manoj Kumar Gupta, J.)
Order Date :- 14.5.2018
skv
1 issue framed by the court
Whether to direct the Assistant Registrar to decide the membership dispute without expressing opinion on merits.
2 provisions across 1 enactments
Mohan Singh
State Of U.P.
Respondent no.4
Respondent no.5
Second Respondent
Manoj Kumar Gupta
As recorded by the court registry
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