Court affirms that Assistant Registrar lacks jurisdiction to declare or cancel election results without Prescribed Authority's directive under Societies Registration Act, 1860.
In a significant ruling, the Allahabad High Court dismissed the intra-court appeal filed by Dr. Sushil Kumar Sinha, challenging the election process of the Kayasth Pathshala, Prayagraj. The appeal contested the issuance of an election certificate by the Assistant Registrar, declaring a rival candidate as President following a recount directed by the Prescribed Authority.
The division bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, reiterated that under the Societies Registration Act, 1860, the Assistant Registrar does not possess independent authority to declare or cancel election results. The recount and declaration of results must adhere strictly to the directions provided by the Prescribed Authority, and any grievances against such directions are to be addressed through statutory appeals rather than writ petitions.
The dispute originated from the elections held on December 25, 2023, where Dr. Sinha was initially declared President. However, following a challenge by the rival candidate, the Assistant Registrar, upon the Prescribed Authority’s order, conducted a recount, leading to the issuance of a new election certificate on March 28, 2025, favoring the respondent.
The court emphasized that the Assistant Registrar’s issuance of the election certificate lacks legal standing unless supported by the Prescribed Authority's explicit directive. The appellant's simultaneous challenge to the Prescribed Authority’s order via statutory appeal, still pending before the Commissioner, was noted as the appropriate legal recourse.
Additionally, the court highlighted that the list of office bearers, registered under Section 4(1) of the Act following the recount, stands unchallenged, further weakening the appellant's position. The judgment underscored that the statutory framework does not recognize the Assistant Registrar's certificate as conferring any legal power or status.
The court's decision underscores the distinct procedural requirements for resolving election disputes under the Societies Registration Act, 1860, and clarifies the non-applicability of the Representation of People Act, 1951, in these contexts.
Bottom Line:
Election dispute under Societies Registration Act, 1860 - Assistant Registrar's issuance of election certificate and cancellation of prior certificate challenged - Held, Assistant Registrar has no independent jurisdiction to declare election results or cancel certificates; recounting and declaration of results must follow directions of Prescribed Authority, and statutory appeals must be pursued to challenge Prescribed Authority's orders.
Statutory provision(s): Societies Registration Act, 1860, Sections 25(1), 25(2), and 4(1)
Dr. Sushil Kumar Sinha, President v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2849054
