The High Court dismissed a writ petition challenging an order appointing a Chartered Accountant and directing a notice under the Societies Registration Act. The Court found no illegality as serious fund misuse allegations existed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 54
Case :- WRIT - C No. - 39228 of 2019
Petitioner :- M/S Sainath Vikas Samiti Barauli Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1,2 and 3.
The present writ petition has been filed for quashing the impugned order dated 31.10.2019 passed by the Deputy Registrar, Firms, Societies and Chits, Agra, whereby the Deputy Registrar while exercising its power under Section 23 of the Societies Registration Act has appointed Shri Priya Ranjan and Associates as a Chartered Accountant for enquiry of the audit and further directed that requisite notice as required, under section 24 of the Act be issued to the concerned society.
The contention of the learned counsel for the petitioner is that no opportunity whatsoever has been given to the petitioner and further whereabout of the person who filed the complaint against the society is not known and detailed address has not been given in the complaint.
As per Section 24 of the Societies Registration Act, the Deputy Registrar has ample power to investigate the affairs of the society on receiving the information as well as complaint. It is apparent that there are serious allegations of misuse of funds of the society by its members and office bearers. I do not find any illegality or infirmity in the impugned order.
The writ petition lacks merits and is, accordingly, dismissed.
Order Date :- 5.12.2019 SFH
1 issue framed by the court
Whether the Deputy Registrar had power to appoint a Chartered Accountant and direct a notice for enquiry under Sections 23 and 24 of the Societies Registration Act.
2 provisions across 1 enactments
M/S Sainath Vikas Samiti Barauli
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
