C/M Shri Mahavir Vidhyalay and Another v. State of U P and 2 Others
Case brief
What is this about?
This was a writ petition challenging direction no. 2 of an order which declared the petitioner society's election invalid. The court modified the order, set aside the invalidation of the election, and directed the enquiry to proceed within four months.
What did the court decide?
Direction no. 2 declaring the election invalid was set aside; enquiry under Section 4-B read with Section 24 to proceed within four months.
What the court decided
Court No. - 7
Case :- WRIT - C No. - 20172 of 2019 Petitioner :- C/M Shri Mahavir Vidhyalay And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vineet Kumar Singh,Shri H.N. Singh Counsel for Respondent :- C.S.C.,Vashishtha Dhar Shukla
Hon'ble Ajay Bhanot,J.
Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Arvind Kumar Tiwari, learned counsel for the petitioners and Sri R.K. Ojha, learned Senior Counsel assisted by Sri Dinesh Kumar Verma, learned counsel appearing on behalf of respondent no. 3.
Sri H.N. Singh learned Senior Counsel for the petitioner submits that the petitioner is willing to cooperate with the proceedings under Section 4-B as well as the enquiry under Section 24 of the Societies Registration Act to establish his bonafides and clear his name. He confines his grievance to the direction no. 2 issued in the impugned order dated 31.05.2019 whereby the election conducted on 05.06.2016 was invalidated. It is contended that the order is beyond the scope of powers vested by Section 4-B and Section 24 of the Societies Registration Act.
Sri R.K. Ojha, learned Senior Counsel in his usual fairness submits that to this extent the Assistant Registrar, Firms, Societies and Chits while passing the order dated 31.05.2019 exceeded his jurisdiction.
Learned Standing Counsel could not defend the direction no. 2 in the impugned order.
With the consent of learned counsel for the parties the following is being passed and the impugned order is modified accordingly:
Issues for consideration
2 issues framed by the court
Whether the direction declaring the election held on 05.06.2016 to be invalid exceeded the jurisdiction of the Assistant Registrar?
Whether the enquiry under Section 4-B read with Section 24 of the Societies Registration Act shall proceed in accordance with law?
Parties & counsel
- petitioner
C/M Shri Mahavir Vidhyalay And Another
- respondent
State Of U P
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIC/20172/2019
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