Diwari Lal Vs Committee of Management, Shiksha Samiti Barnahal and Another

Court No. - 34

Case :- SPECIAL APPEAL No. - 881 of 2019

Appellant :- Diwari Lal Respondent :- Committee Of Management, Shiksha Samiti Barnahal And Another Counsel for Appellant :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Nitinjay Pandey

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Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.

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Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Ambuj Mishra, Advocate for appellant and Sri Nitinjay Pandey, Advocate for petitionerrespondents.

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This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment and order dated 27.05.2019 passed by Hon'ble Single Judge allowing Writ Petition No. 18041 of 2019 filed by petitioner-respondents and setting aside order passed by Deputy Registrar on 25.01.2019 holding the elections of Society held, as illegal.

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Sri Ashok Khare, learned Senior Advocate appearing for appellant, contended that Deputy Registrar has exercised power under Section 25(2) of Societies Registration Act, 1860 (hereinafter referred to as “Act, 1860”) but we find that under Section 25(2) scope of interference by Deputy Registrar is confined only to a situation when election is not held within the time prescribed in statute but when there is a dispute with regard to election, power could have been exercised only by Prescribed Authority under Section 25(1) and in such a case when validity of election is challenged, Registrar ought to have made reference to Prescribed Authority but himself could not have entered into such dispute and that is what has been done in the present case. Learned Single Judge, therefore, has rightly set aside order of Registrar impugned in writ petition and we find no fault in the judgment under appeal.

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Appeal lacks merit. Dismissed accordingly.

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Order Date :- 6.8.2019 AK

Diwari Lal v. Committee of Management, Shiksha Samiti Barnahal and Another

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Diwari Lal v. Committee of Management, Shiksha Samiti Barnahal and Another

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