Committee of Management All India Shri Valmiki Young Man Association Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Committee of Management All India Shri Valmiki Young Man Association Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition challenging the show cause notice dated 30.09.2024 and 13.11.2024 issued by respondent no.2 (Assistant Registrar, Firms, Societies and Chits, Prayagaraj) should be entertained, in light of the petitioner's contentions that (i) the Assistant Registrar, having registered the list of office bearers, is functus officio and cannot review his registration, and (ii) disputes regarding office bearers must be referred to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860.

Court's answer

It is open to the petitioner to advance before the Assistant Registrar (respondent no.2), in its objections, the very contentions pressed before this Court; in that view the writ petition lacks merit and is dismissed.

Key takeaways

The Assistant Registrar (respondent no.2) is expected to consider all objections, including the petitioner's two objections, while taking a decision pursuant to the show cause notice dated 30.09.2024 and 13.11.2024.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 32), WRIT - C No. 833 of 2025, neutral citation 2025:AHC:6302, decided 15.1.2025 by Hon'ble Saral Srivastava, J. Committee Of Management All India Shri Valmiki Young Man Association v. State of U.P. and 2 others. The petitioner assailed show cause notices dated 30.09.2024 and 13.11.2024 issued by respondent no.2, Assistant Registrar, Firms, Societies and Chits, Prayagaraj. Counsel for the petitioner argued (i) that upon registering the list of office bearers the Assistant Registrar becomes functus officio and has no power to review that registration, and (ii) that the Assistant Registrar cannot himself entertain disputes regarding office bearers and must refer them to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860. The court held that these contentions could equally be taken by the petitioner in its objections before the Assistant Registrar; finding no merit in the petition, it dismissed it with no order as to costs, directing/expecting the Assistant Registrar to consider all objections, including the petitioner's two objections, when deciding pursuant to the show cause notices. No precedent was cited and no amount was awarded.

Neutral Citation No. - 2025:AHC:6302

Court No. - 32

Case :- WRIT - C No. - 833 of 2025

Petitioner :- Committee Of Management All India Shri Valmiki Young Man Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.

Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner by means of the present writ petition has assailed the show cause notice dated 30.09.2024 and 13.11.2024 issued by the respondent no.2- Assistant Registrar, Firms, Societies and Chits, Prayagaraj.

Challenging the aforesaid show cause notice, learned counsel for the petitioner has contended that once the Assistant Registrar has registered the list of office bearers of the Committee of Management of the Society, he becomes functus-officio, and he does not have power to review its order registering the list of office bearers. It is further contended that even otherwise, if there is dispute of office bearers of the Society, the Assistant Registrar has no power to entertain such dispute, and he is under obligation to refer the matter to the Prescribed Authority under Section 25(1) of the Societies Registration Act. 1860.

Be that as it may, the petitioner has assailed the show cause notice dated 30.09.2024 and 13.11.2024. It is always open to the petitioner to take the contention advanced by the learned counsel

for he petitioner before this Court in its objection before the Assistant Registrar, respondent no.2. In such view of the fact, the writ petition lacks merit, and is accordingly, is dismissed with no order as to costs.

It is expected that the Assistant Registrar, respondent no.2, shall consider all the objections including the aforesaid two objections raised by the petitioner while taking a decision pursuant to the show cause notice dated dated 30.09.2024 and 13.11.2024.

Order Date :- 15.1.2025 NS

Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad