JAVED AKHTAR v. REGISTRAR FIRMS SOCIETY AND CHITS LKO. U.P. AND 4 OTHERS
WRIC/2324/2025 · 2025-04-10
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127373 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20712 Court No. - 8 Case :- WRIT - C No. - 2324 of 2025 Petitioner :- Javed Akhtar Respondent :- Registrar Firms Society And Chits Lko. U.P. And 4 Others Counsel for Petitioner :- Panna Lal Gupta,Amit Kumar,Subrat Gupta Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel. The petitioner has filed the instant petition seeking the following reliefs:-
"(1) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 19.10.2024 passed by the opposite party No. 3-whereby attested the signature of opposite party No. 5 as Manager of Madarsa Jamiya Arbiya Izharul Uloom Naya Bazar, Jahangirganj, Ambedkar Nagar after summoning the same from its custodian. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 to take appropriate decision upon the representation dated 10.9.2024 as contained in Annexure No. 12 to this
writ
petition. (iii) issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 to hold the fresh election of Committee of Management, Madarsa Jamiya Arbiya Izharul Uloom Naya Bazar, Jahangirganj, Ambedkar Nagar considering the membership of petitioner and other 32 valid members total 100 members of General body of Madarasa." Precisely, the submission of learned counsel for the petitioner is that they are bonafide members of Madarasa Jamiya Arbiya Izharul Uloom Naga Bazar Jahangirganj, Tehsil Alapur, District Ambedkar Nagar, however, they were not permitted to participate in the election which is said to have been held on
24.07.2024. It is in the aforesaid context that the petitioner has approached this Court and has raised a dispute that once the alleged election of 24.07.2024 was not held with proper members, consequently, no right would accrue to such an illegally constituted
Committee and in furtherance thereof the attestation of the signatures of the Manager by the District Minority Welfare Officer is also not appropriate and thus the order dated 19.10.2024 by which the signatures have been attested deserves to be quashed.
The record indicates that time was granted to the learned Standing Counsel to seek instructions who has provided a copy of the written instructions dated 03.04.2025 for perusal of the Court which is taken on record. It has been informed that on the basis of instructions that in the year 2023, the exercise of powers under Section (2) of the Societies Registration Act as amended in the State of U.P. , the elections were held by the Deputy Registrar. The term of the said Committee was one year and thereafter fresh elections were held on 24.07.2024. In furtherance thereof, the elected Manager whose signatures have been attested on 09.09.2024 and not on 19.10.2024 as stated by the petitioner. It has further been urged that the elections dated 24.07.2024 have not been challenged before the appropriate forum and an indirect challenge has been raised to the consequential orders of attestation of signatures which otherwise is not permissible. The Court has heard the learned counsel for the parties and also perused the material on record. The learned counsel for the petitioner could not indicate as to whether there has been any challenge to the elections dated
24.07.2024. In absence of the challenge to the election dated 24.07.2024, the petitioner even though may state that he was a bonafide member and was not permitted to participate is an issue which he should have raised before the appropriate forum. A writ petition at the behest of such a member who has not challenged the election and merely in the order of attestation, signatures have been assailed does not permit the petitioner to maintain the present petition. For the aforesaid, the present petition is dismissed leaving it open for the petitioner to approach the appropriate forum. Order Date :- 10.4.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench