Dismissed
Harbhajan Singh v. State of U.P. and 5 Others
Allahabad HCWRIC/16761/2018
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Case :- WRIT - C No. - 16761 of 2018…
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Case :- WRIT - C No. - 16761 of 2018…
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Court No. - 19
Case :- WRIT - C No. - 16761 of 2018
Petitioner :- Harbhajan Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Singh Counsel for Respondent :- C.S.C.,Arvind Srivastava III
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
By impugned order dated 23.4.2018, the Prescribed Authority has set aside the election dated 29.6.2016 held under Section 25(2) of the Societies Registration Act, 1860 in respect of Managing Committee of Shri Gandhi Vaidik Junior High School Chandena, Koli, Saharanpur. The order records that the list of General Body received from the office of Assistant Registrar comprised of 86 members and to whom notice was also sent by registered post. However, the election was conducted from a list of 61 persons without there being any order discarding membership of 25 persons who were not permitted to participate in the election. The other ground on which the election has been set aside, is that there were eleven votes which according to the Election Officer were invalid on account of cross voting by the members on different posts. The parties had filed objections against these votes. However, without disposing off the objections, these votes were included in the counting, thus materially affecting the election result.
Learned counsel for the petitioner is not in a position to show how the findings recorded in the order are illegal or perverse. He admits that there is no order in existence discarding membership of 25 persons, though according to him some of these members had died, whereas certain others had not deposited their subscription fee. Nonetheless, it is not disputed that there is no adjudication in this regard and therefore, this Court does not find any illegality in the impugned order.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 24.5.2018
skv
Harbhajan Singh
State Of U.P.
Manoj Kumar Gupta
As recorded by the court registry
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