HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 165 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 27.02.2025 passed by learned Single Judge in Writ-C No. 5816 of 2025 whereby, on account of availability of alternative remedy under Sections 4(1-A) of the Societies Registration Act, 1860 ('the Act') against order dated 01.02.2025, the petition has been dismissed, leaving it open for the petitioners-appellants to avail the remedy within a period of one month from the date of passing of the order by learned Single Judge. 2. Learned counsel for the appellants attempted to make submissions that the remedy of appeal, based on which the petition has been dismissed, is not available. Submissions have been made that the remedy under Section 4(1- A) of the Act has no application insofar as the order dated 01.02.2025, which was under challenge before the learned Single Judge, is concerned, and, therefore, the order impugned deserves to be set aside. 3. Learned counsel for the respondents supported the order impugned. It was submitted that the order dated 01.02.2025 clearly dealt with the registration of the managing body of the Society, which action is governed by provisions of Section 4 of the Act and Section 4(1-A) provides for appeal against the said order and therefore, the plea raised in this regard has no substance. Versus Counsel for Appellant(s) : Suresh Chandra Dwivedi, Sheikh Moazzam Inam Counsel for Respondent(s) : C.S.C., Vashishtha Tiwari, Sunil Kumar Tiwari Committee of Management, Anjuman Islamia Arbia Samshul Uloom and another .....Appellant(s) State of U.P. and 2 others .....Respondent(s) 4. We have considered the submissions made by counsel for the parties and have perused the material available on record. 5. The operative portion of order dated 01.02.2025 reads as under: “अतः उपरोक्त क्रम में आपके द्वारा कायार्लय आदेश िदनांक 12.06.2024 के क्रम में प्रस्तुत प्रपत्रों/जवाब, प्रस्तुत नोटरी शपथ पत्र के आधार पर प्रबंध सिमित सूची वषर् 2024-25 इस शतर् के साथ मा० उच्च न्यायालय में योिजत िरट संo 22587/2024 के अधीन पंजीकृ त िकया जाता है िक यिद भिवष्य में तथ्यों का गोपन अथवा िमथ्या िनरूपण कर प्रबंध सिमित सूची की पंजीकृ त करायी गयी पायी जाती है तो पंजीकृ त की गयी प्रबंध सिमित की सूची वषर् 2024-25 पंजीयन ितिथ से िविधशून्य मानी जाएगी।" 6. A perusal of the order would reveal that the Assistant Registrar has registered the managing committee for the year 2024-25. Provisions of Sections 4 and 4(1-A) of the Act, read as under: “4. Annual list of managing body to be filed.—Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-Stock Companies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society.” “(1-A). An appeal against an order made under this section may be preferred to the Commissioner of the Division in whose jurisdiction the headquarter of the Society lies, within one month from the date of communication of such order: Provided that the appellate authority may admit an appeal after the expiry of such period if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.” 7. A perusal of the above provisions reveal that annual list of managing body is required to be filed once every year containing the names, addresses and occupations of the governors, council, directors, committee or other governing body entrusted with the management of the affairs of the Society and provisions of Section 4(1-A) clearly provide for an appeal against an order made under the said Section before the Commissioner of the Division. 8. Once the stipulations made in Section 4 and Section 4(1-A) of the Act are very clear and the order impugned clearly falls within the provisions of Section 4, passing of the order by learned Single Judge cannot be faulted. SPLA No. 165 of 2025 2 There is no substance in the appeal. The same is therefore, dismissed. September 24, 2025 P.Sri./AHA SPLA No. 165 of 2025 3 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad