Disposed

Sudhir Kumar and 5 Others v. State of U.P. and Another

Allahabad HC11 Nov 2019WRIC/32938/2019

Case brief

AI extract

What is this about?

The High Court in a Writ petition directed the Deputy Registrar of Societies to ensure that the election of a society named Mohiuddinpur Kisan Inter College be held within three months, as the preceding committee term had expired and election remained pending.

What did the court decide?

Direction to respondent no.2 to ensure the election of the society be held within three months.

Sudhir Kumar and 5 Others Vs State of U.P. and… — Service and Employment | Allahabad HC (2019)

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Court No. - 54

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Case :- WRIT - C No. - 32938 of 2019

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Petitioner :- Sudhir Kumar And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Naresh Chandra Tripahti,Suchita Tripathi

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Counsel for Respondent :- C.S.C.,Bajrang Bahadur Singh,S.P. Singh,Satya Prakash Singh

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Hon'ble Saral Srivastava,J.

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Heard Sri Naresh Chandra Tripathi, learned counsel for the petitioners, learned Standing Counsel and Sri S.P. Singh, for unimpleaded respondent Ranveer Singh alleging himself to be President of Committee of Management.

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This Court after hearing of the parties. On 31.10.2019 passed following order:-

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"Heard Sri Naresh Chandra Tripahti, learned counsel for the petitioners, learned Standing Counsel and Sri S.P. Singh, for un-impleaded respondent Ranveer Singh alleging himself to be a President of Committee of Management.

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The petitioners claim to be a member of the society namely Mohiuddinpur Kisan Inter College Mohiuddinpur, Meerut. Since, the term of the committee of management had expired, therefore, the Deputy Registrar Firms, Societies and Chits Meerut Region, Meerut invoking its power under Section 25(2) of the Society Registration Act, 1860 (hereinafter referred as 'Act, 1860') passed an order on 15.12.2018 for holding the election of the Society. Pursuant to the order dated 15.12.2018, the list of the members of the society has been finalized by the Deputy Registrar by order dated 23.1.2019.

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The un-impleaded respondent has challenged the aforesaid order in Writ - C No. 9500 of 2019. Later on, the aforesaid writ petition was dismissed as not pressed with liberty to file a fresh as the representation of the unimpleaded respondent against the list of the members of the society has been rejected by Deputy Registrar by order dated 5.1.2019. The said order came to be challenged in Writ - C No. 10691of 2019 in which this Court called upon the respondent to file counter affidavit.

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The Deputy Registrar appointed Sri Mahendra Singh as Election Officer, who initiated the process for conducting the election, but before completing the election, he showed his inability to conduct the election and sent a letter to the Deputy Registrar in this regard.

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The grievance of the petitioner is that the order of the Deputy Registrar dated 15.12.2018 for holding election under Section 25(2) of the Act, 1860 has become final. No committee of management of society is functioning and the Deputy Registrar is duty bound to get the election conducted

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under Section 25(2) of the Act, 1860.

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Learned Standing Counsel prays for a week's time to seek instructions in the matter and inform the Court as to the period within which the election of the society shall be conducted pursuant to the order passed by the Deputy Registrar dated 15.12.2018 (annexure- 2) to the writ petition.

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Put up on 7.11.2019 as unlisted."

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Pursuant to the order passed by this Court, learned Standing Counsel, on instructions, submits that respondent no. 2 shall ensure the election of the society within a period of three months from today.

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In view of the statement made by learned Standing Counsel, the writ petition is disposed of with a direction to the respondent no.2 to ensure that the election of he society be held within three months from today.

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Order Date :- 11.11.2019 Mohit

Sudhir Kumar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sudhir Kumar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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