रजिस्ट्रार के फैसले पर हाईकोर्ट ने संघ को ही स्वतंत्र निर्णय लेने का दिया निर्देश

Court No. - 23

Case :- MISC. SINGLE No. - 5884 of 2014
Petitioner :- Lallan Mishra
Respondent :- State Of U.P. Thru Prin. Secy. Instt. Finance & Others
Counsel for Petitioner :- Sharad Pathak,Laltaprasad Misra
Counsel for Respondent :- C.S.C.,Bagesh Shukla

Hon'ble Sudhir Kumar Saxena,J.

Heard Dr. L.P.Misra, learned counsel for petitioner and Sri Bagesh Shukla for respondent.
Petitioner does not want to press relief clause no.(b) relating to declaration of Section 16-A of the Registration of Societies Act, 1860 as ultra vires.

Dr. L.P.Misra has seriously assailed the order dated 2.9.2014 passed by Deputy Registrar directing the U.P. Primary Teachers Association to take appropriate action in the light of Section 16-A of the Act.

It appears that petitioner was convicted under Section 302 IPC. Against the conviction, criminal appeal is pending in this Court. In the meantime, respondent challenged his continuance as President of society. This Court directed Deputy Registrar to pass appropriate order on the representation of petitioner. Deputy Registrar obtained some legal opinion from Standing Counsel of this Court who opined that moral turpitude occurring under Section 16-A of the Act covers the cases under Section 302 and 149 IPC. This part of the opinion has been seriously assailed by Dr. L.P.Misra contending that in every case moral turpitude would not be involved. I find from the order that Deputy Registrar has recorded no finding. He merely directed the society to act in accordance with Section 16-A of the Act. He has not given any finding with regard to involvement of moral turpitude in the case of petitioner.

In view of these circumstances, no cause of action has arisen to approach this Court. Writ petition is premature and is liable to be dismissed. However, it is directed that society would take independent action in accordance with law after hearing petitioner and other aggrieved persons.

Writ petition is dismissed.

Order Date :- 17.9.2014
VB/-

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