It is well settled that the Assistant Registrar while according consideration to rival claims for the purpose of registering the list of office bearers of the society is not to act like a post-office dispatching the rival claims to the Prescribed Authority for adjudication. He has to apply his mind to find out whether the rival claim set up is bona fide or not. It is not in dispute that even in the list of office bearers of the society submitted by Kashi Nath Singh, who was un-disputedly the Manager of the society, the name of fourth respondent was shown as Deputy Chairman/Deputy Manager of the society. Further, it is not disputed that in the list of members of the society though the name of fourth respondent was present but the name of the petitioner no.2 was not present. Thereafter, Kashi Nath's claim was not accepted vide order dated 7th December, 2016. Under the circumstances, the claim set up by the petitioner no.2 that he was inducted by Kashi Nath Singh as member, prima facie, does not appear to be bona fide. Therefore, if the Assistant Registrar has not acted upon such claim and has refused to accept the claim set up by the petitioner no.2, the order passed by the Assistant Registrar cannot be faulted on the ground that he ought to have made a reference to the Prescribed Authority on account of rival claim. Accordingly, this Court finds no good reason to interfere with the impugned orders. The petition is dismissed. However, dismissal of this petition shall be without prejudice to the right of the petitioner either to institute a civil suit or to seek a reference with strength of 1/4th of the members of the society.
